General terms and conditions of sale
LEGAL NOTICE, GENERAL TERMS AND CONDITIONS OF SALE
Applicable as of 01/01/2021
The Site www.loyaleparis.com is published by the company Héra Paris, SAS, with a capital of 1050 euros, registered with the RCS of Paris under registration number 884295528, registered office 35 boulevard de Bonne Nouvelle 75002 Paris.
The Site is hosted by OVH, SAS, 2 rue Kellermann, 59100 Roubaix.
GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (referred to as “Terms and Conditions”) apply without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“The Customers” or “The Customer”) wishing to acquire products offered for sale (“The Products”) by the Seller on the Site www.loyaleparis.com. The Seller’s business is the sale of jewelry.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.loyaleparis.com, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are understood to be within the limit of stock availability, as specified when placing the order.
These Terms and Conditions are accessible at any time on the site www.loyaleparis.com and shall prevail over any other document.
The Customer declares that he has read the present Terms and Conditions carefully and has accepted them by checking the box provided for this purpose before initiating the online ordering process.
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:
The Company Héra Paris, SAS, with a capital of 1050 euros, registered with the RCS of Paris, under registration number 884295528, having its registered office at 35 boulevard de Bonne Nouvelle 75002 Paris.
Telephone: +33 7 49 55 00 79
The Products presented on the site www.loyaleparis.com are offered for sale in all countries of the world.
In the event of an order to a country other than Metropolitan France, the Customer is the importer of the Product(s) concerned.
ARTICLE 2 – Price
The Products are supplied at current prices quoted on the Site www.loyaleparis.com when the order is registered by the Seller.
The prices include any reductions that would be granted by the Seller on the Site www.loyaleparis.com.
All prices are final and are not subject to revision during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transportation and delivery, which are charged in addition, following the terms indicated on the Site, and calculated before the order is placed and included in the total amount of the purchase.
Prices are indicated in Euros, all taxes included, unless otherwise indicated.
For orders outside the European Union, the sale price indicates the price excluding tax, to which may be added local taxes, customs duties and fees upon reception, to be borne by the Customer.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
The Customer must select the Products they wish to order on the Site, www.loyaleparis.com, as follows:
- The Customer selects an article which they place in their basket, which they can modify or remove before confirming their order and accepting these Terms and Conditions
- The Customer then enters their contact details or logs into their customer account and confirms the delivery details.
- After confirming the details and total cost of the order, the Customer follows the instructions from the online payment server to pay the total cost of the order.
- The Customer then receives a confirmation of payment acceptance for the order.
- Delivery will take place at the delivery address indicated by the Customer when ordering.
- Once the order has been delivered, the Customer receives the certificates associated with the items in the order via email.
Product offers are valid as they appear on the Site, subject to stock availability.
A sale is considered final only after full payment. It is the Customer’s responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the Site www.loyaleparis.com establishes a distance or off-premises contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any Order from a Customer with whom an existing dispute exists in relation to the payment of a previous order.
Any cancellation of the order by the Customer after its acceptance by the Seller can only occur as long as the package has not been shipped by the Seller (notwithstanding provisions relating to the applicability or inapplicability of the legal right of withdrawal).
ARTICLE 4 – Payment Terms and Conditions
The price is paid by secure payment, according to the following methods: bank card (CB, Visa, Mastercard, American Express), Apple Pay, Google Pay, Alipay, WeChat Pay.
The price is payable in full by the Customer on the day the order is placed.
Payment data are encrypted using the protocol defined by the approved payment service provider for banking transactions carried out on the site www.loyaleparis.com.
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Items ordered by the Customer if the latter does not pay the price in full in accordance with the terms stated above.
ARTICLE 5 – Delivery
The Products ordered by the Customer will be delivered in mainland France or in any other country, unless otherwise specified.
Production times vary depending on the item. Delivery times are estimated at 48 hours once the production of the items is completed, to the address indicated by the Customer when the order was placed.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Barring special circumstances or the unavailability of one or more products, the products ordered will be delivered in a single shipment.
The Seller undertakes to make their best efforts to deliver the products ordered by the Customer within the time specified above.
In the event of late delivery, the order is not cancelled.
The Seller will inform the Customer by email that Delivery will be delayed. The sale may be dissolved at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the Consumer Code of French Law. The amount paid by the Customer will then be refunded within fourteen days at the latest after the contract termination date, with the exception of any compensation or deduction.
Deliveries are made by an independent carrier, to the address given by the Customer when the order was placed, which must be easily accessible to the carrier.
If the Customer decides to use a carrier of their own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier which accepted them without reservation. The Customer thus acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event of a failure to deliver the goods.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, related costs will be subject to a specific additional invoice, in accordance with a quote previously accepted in writing by the Customer.
The Customer must check the condition of the delivered Products. They have a period of fourteen calendar days from delivery to formulate complaints by electronic mail to the address firstname.lastname@example.org, recalling the reference and the date of the Order, accompanied by all relevant supporting documents (photographs in particular). After this period or if these procedures are not complied with, the Products will be deemed compliant and free from defect and no claim shall be deemed valid by the Seller.
The Seller will reimburse or replace as soon as possible and at their own expense any delivered Products of which the lack of compliance 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 French Consumer Code and those provided in the present Terms and Conditions.
The transfer of risks of loss and damage relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer chose the carrier themselves. In this case, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Seller’s Products to the Customer will be made only after full payment by the latter, regardless of the date of delivery of the above-mentioned products.
ARTICLE 7: Right of withdrawal
According to the terms of article L221-18 of the Consumer Code of France, “The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following a direct telephone call or off premises, without having to justify their decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1° Upon which the contract is established, for contracts concerning the provision of services and those mentioned in Article L. 221-4;
2° Upon which the goods are received by the consumer or a third party designated by them, other than the carrier, for contracts concerning the sale of goods. For contracts concluded off-premises, the consumer may exercise their right of withdrawal from the date of entering into the agreement.
In the case of an order for several goods delivered separately or in the case of an order of a good consisting of multiple lots or pieces with delivery spread over a defined period, the period runs from receipt of the last good or lot or receipt of the last piece.
For contracts for regular delivery of goods during a defined period, the period runs from the receipt of the first good. ”
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the Site, or any other unambiguous declaration expressing the desire to withdraw, in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the Terms and Conditions.
Returns must be made in their original condition and complete with all packaging, accessories, instructions, or other materials provided allowing their resale in new condition, along with the invoice.
If the Customer has already activated the Blockchain Certificate of Authenticity for the item they wish to return, the Customer must also transfer ownership of the certificate online to the Seller.
Items that are damaged, soiled or incomplete will not be accepted for return.
Personalised, custom-made or engraved jewelry cannot be returned.
Return costs will be borne by the Customer.
Refund will be made within 14 days following receipt by the Seller of the Products returned by the Customer in accordance with this article.
For international orders outside the European Union, shipping fees, return fees and any import taxes, customs duties and fees will be borne by the Customer, and will be deducted from the price of the returned items in the event of a refund.
ARTICLE 8 – Responsibility of the Seller – Guarantees
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products which are defective, spoiled or damaged, or do not match the items ordered,
- the legal guarantee against hidden defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code of France
“The seller must deliver goods that comply with the contract and is liable for any defects in conformity existing at the time of delivery. The seller will also be liable for any lack of conformity in packaging, assembly instructions or installation when it has been entrusted with these under the contract or when these have been performed under its responsibility.”
Article L217-5 of the Consumer Code of France
“The product is deemed compliant with the contract:
1° If it is suitable for the purpose usually associated with such a product and, if applicable:
– if it matches the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it possesses the features that a buyer might reasonably expect given the public statements made by the seller, the producer or its representative, particularly in advertising and labelling;
2° Or if it possesses the characteristics defined by the parties by mutual agreement or is suitable for any special purpose sought by the buyer, made known to the seller, and which the latter accepted.”
Article L217-12 of the Consumer Code of France
“Any claim resulting from defects in compliance shall lapse two years from the delivery of the item.”
Article 1641 of the Civil Code
“The seller is bound by the warranty as applies to hidden defects of the item sold that render it unfit to use for the purpose for which it was intended, or that reduce this use to the extent that the buyer would not have purchased it, or would only have paid a lesser price, if he had known about such defects.”
Article 1648 section 1 of the French Civil Code
“Any claim on the grounds of critical defect must be brought by the buyer within a period of two years from the discovery of the defect.”
Article L217-16 of the Consumer Code of France
“When the buyer asks the seller, during the period of validity of the sales warranty granted to them at the time of purchase or repair of a movable asset, for a repair covered by the warranty, any period during which the goods are out of use for repair of at least seven days shall be added to the remaining warranty period. This period is counted from the time of the buyer’s request or the provision for repair of the relevant item, if this provision is subsequent to the request for assistance.”
To assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-compliance of the Products or of the existence of hidden defects at the time of discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible following the Seller’s finding of non-compliance or hidden defects.
The responsibility of the Seller shall not be incurred in the following cases:
- non-compliance with the legislation of the country where the Products are delivered, which the Customer is responsible for verifying,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the Site are not contractually binding and the Seller shall not be rendered liable for their content.
The Seller’s warranty is, in any event, strictly limited to replacement or refund of non-compliant or faulty Products.
9.1 Collection of Personal Data
The personal data collected on the Site www.loyaleparis.com are as follows:
- Data relating to the creation of a personal account and the ordering of products on the Site: personal names, family names, postal address, telephone number and e-mail address
- Payment data. Payment is fully secured on our Site www.loyaleparis.com thanks to our partner Stripe’s online payment system, a certified PCI/DSS level 1 payment solution (the highest level of security for online payments). Bank details are encrypted. Additionally, they are processed solely by Stripe and are never in the possession of the Seller.
- Data relating to navigation on the Site: IP address, connection details, details of product searches and orders, geolocation details and other cookies allowing management of the operation and optimisation of the Site
A cookie or tracker is an electronic file stored in the computer system of the User.
Access and use of the Site by the User entails the storage and reading of cookies which primarily allow the optimisation and personalisation of the Site experience as well as knowing the Site performance, during the period when the cookie is valid or recorded.
Through their internet browser, the User has the right to oppose the storage and reading of these cookies and the analysis of their browsing data.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the service of sale and delivery of the Products.
The types of co-contractors are:
- Transport providers
- Payment institutions
9.3 Data controller
The data controller is the Seller, as defined by the Data Protection Act and from May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.4 Processing restrictions
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 thus collected for a period of 5 years, covering the validity period of applicable contractual civil liability.
9.6 Security and confidentiality
The Site implements organisational, technical, physical and software digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of data on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the Site www.loyaleparis.com have the following rights:
- They can update or delete the data concerning them
- They can delete their account
- They can exercise their right of access to know the personal data concerning them
- If the personal data held by the Seller is inaccurate, they can request that the information be updated
- They can request the deletion of their personal data, in accordance with applicable data protection laws
- They can also request that the data held by the Seller be transferred to another service provider
- Finally, they can oppose the processing of their data by the Seller
These rights, as long as they do not conflict with the purposes of processing, can be exercised by writing to the email address email@example.com
The data controller must provide a response within a maximum of one month.
Any refusal to grant the Customer’s request must be explained.
The Customer is informed that in the event of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the case to a judicial authority.
The Customer may be invited to tick a box under which they agree to receive informative and advertising messages from the Seller. They can withdraw their agreement at any time by contacting the Seller (using the contact details above) or by clicking on the opt-out link.
ARTICLE 10 – Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
Article 11 – Applicable Law – Language
These Terms and Conditions and the transactions arising therefrom are governed by and subject to French law.
These Terms and Conditions are originally written in French. Regardless of any translations, the French text will prevail in the event of a dispute.
ARTICLE 12 – Disputes
For any claim or complaint, please contact customer service at the Seller’s postal or email address indicated in ARTICLE 1 of these Terms and Conditions.
The Customer is hereby informed that they may in any event resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of settling disagreements (such as arbitration) in the event of a dispute.
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediating body retained is: SAS CNPM – MÉDIATION – CONSUMATION. In the event of a dispute, the consumer may file their complaint on the site: http://cnpm-mediation-consommation.eu or by post in writing to CNPM – MÉDIATION – CONSOMMATION, 27, avenue de la Liberation – 42400 SAINT-CHAMOND.
In addition, the Customer is hereby informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes relative to the purchase and sale transactions concluded in application of the present Terms and Conditions which have not been the subject of an amicable settlement by the Seller or by mediation, will be heard before the relevant courts under the terms of common law.
This form must be completed and returned only if the Customer wishes to withdraw the order placed on www.loyaleparis.com, barring exclusions or limits to the exercise of the right of withdrawal according to the applicable Terms and Conditions.
For the attention of SAS Héra Paris
35 boulevard de Bonne Nouvelle 75002 Paris
I hereby notify you of the withdrawal of the contract relating to the property below:
– Order from (state date)
– Order number:
– Customer name:
– Customer address:
Customer Signature (only if the present form is returned on paper)