General conditions of sale 
 

Last updated on 09/21/2022

 

 Article 1: Definitions

The terms and expressions used in these T&Cs will have the following definitions:

 

The “Service Provider” designates the micro-enterprise EI Anne HUBOUD-PERRON (having the trade name Dinée Bijoux) whose head office is located at: 30 rue du noyer Jamet 86130 DISSAY. Registered with URSSAF (resale purchase activity)/RM (craft activity) under the number SIRET 89417640300018. The Service Provider provides its Customers with Customer Service which can be contacted at the following coordinates:

• By email: dionee.handmade@hotmail.cpm

• By post:  30 rue du noyer Jamet – 86130 DISSAY

• By phone, Monday to Friday from 10 a.m. to 5 p.m. (Paris time): 0625333253

 

The "Customer" means any person, legal or natural, purchasing a product or service from the Service Provider.

 

The “Order” designates any act of purchase from the Service Provider.

 

The “Service” or the “Product” means all the services available for Ordering on the Site and concern in particular:

• Sale of unique jewelry made by Dinée bijoux

 

The “Site” designates the URL link through which the Service Provider offers its products for sale (dionee-bijoux.fr) and on which the Customer purchases the product(s), as well as the delivery service.

 

The “GTC” or “General Conditions of Sale” designate the present conditions applicable in the contractual relationship between the Customer and the Service Provider.

 

Article 2: Field of application 

 

All of these Conditions apply to all of the products and services available on the Site. The T&Cs are accessible at any time on the Site and take effect from their date of update announced on the 1st line.

 

Prior to any Order, the Customer agrees to have read these T&Cs and to have accepted them. In the event of refusal of these GCS, the Service Provider will not be able to offer its paid services and products to the Customer.

 

To be able to place an Order, the Customer declares:

• be a person, natural or legal, of legal age at the time of validation and have full legal capacity to accept these GCS

• guarantee that he has the necessary authorizations to use the payment method selected during the validation of the Order

 

These T&Cs may be subject to modifications and updates at any time. The applicable version being the one valid on the date of placing the Order and which the Customer declares to have read.

 

Article 3: Characteristics of products and services

 

The characteristics of the products and services are presented and updated regularly on the Service Provider's Site. The Customer is required to read it before placing any Order. The choice of purchase as well as the terms of payment are the sole responsibility of the Customer.

 

The Customer is informed that any offer of products or services is likely to evolve. Only the Product or Service chosen at the time of the Order is due to the Customer.

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You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the jewelry. 

We have made every effort to present as accurately as possible the colors and images of the products appearing on the store. However, we cannot guarantee the accuracy of the display of colors on your computer screen.

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Article 4: Order

 

Any Order is a firm and final act on the part of the Customer and constitutes a contractual commitment. The Order proceeds as follows:

 

• The Customer selects in his basket the product he wishes to order directly on the Service Provider's website.

• The Customer validates the basket and these GCS to access the payment phase 

• The Customer is then directed to a secure page where he fills in his contact details and payment methods (the Service Provider does not keep any data or personal banking information)

• The Customer will receive the confirmation of his Order by email (the one indicated on the secure page, the Customer must therefore ensure the accuracy of this, the Service Provider cannot be responsible for any error preventing or delaying the validation process )

 

Proof of the Order transaction will then be available through a digital invoice that the Service Provider will archive on a reliable medium and can be transmitted as proof to the Customer.

 

The Service Provider reserves the right to cancel or refuse any Customer Order if there is a dispute relating to payment (previous Order or not).

 

Article 5: Prices and methods of payment

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• Prices 

The prices of the Products and Services in force are provided on the Site at the time the Order is placed. The amounts are expressed in Euros, excluding tax and net payable. As the Service Provider is an individual entrepreneur with a micro tax system, VAT may not be applicable, under article 293B of the CGI. 

When VAT is applicable, the Service Provider will indicate the amounts excluding and including tax, and will take into account the VAT applicable on the day the Order is placed.

 

The prices are firm and non-revisable during their period of validity indicated on the Site. The Service Provider reserves the right to modify them at any time without the Customer being able to request a revision of its previous price.

 

Validation of the Order makes the total amount of the Product or Service payable, even if an agreement to pay in installments is accepted. In the event of installment payment, the Customer undertakes to inform the Service Provider of any change in bank details during the due date.

 

• Methods of payment

The methods of payment accepted are as follows:

• by credit card via the secure Stripe platform

• by direct debit or credit card via the Paypal platform

 

The Service Provider reserves the right to change the methods of payment if the situation is necessary.

 

The Service Provider cannot be held responsible in the event of fraudulent use by the Customer of the means of payment used.

 

The Service Provider reserves the right to suspend and stop any execution of the Service, or access to the Product, in the event of refusal of payment authorization by the Customer's banking establishments. The Service Provider may contact the Customer to request additional documents to resolve this situation. 

 

The Customer may not request reimbursement or execution of the Order in the event of non-execution of total or partial payment. A default in payment results in the suspension within 7 days of the Service and the Product and will resume only if the outstanding payments are cleared. Late penalties may be applied at the rate of 1.5%. The collection costs will be 40€.

 

Article 6: Withdrawal period

 

The individual consumer Customer may withdraw within 14 days from the day of his Order, pursuant to Article L121-21 of the Consumer Code. To exercise this right, the Customer must inform the Service Provider of his decision to withdraw by means of a request by email explaining the reason for the return. In this case, the return costs will be borne by the Customer. 

 

It is specified that this is a consumer right and not a commercial guarantee.

 

In any case, if the Customer wishes to immediately access the Service Provider's Product and Service after validation of the Order, the Customer expressly waives his right of withdrawal. The Product or Service offered by the Service Provider constituting digital content, the Customer will benefit from access as soon as the Order is validated.

 

The Customer acknowledges and agrees to have access to the Product and Service Provider immediately after payment. Consequently, he expressly waives his right of withdrawal by clicking on "I order" and certifies having read the General Conditions of Sale, accepts the terms, and certifies expressly waives his right of withdrawal in accordance with article L.221 -28, 13° of the Consumer Code. He also certifies having received all the necessary pre-contractual information.

 

Article 7: Conditions of access to the Product and the Service

 

The Product and/or the Service is only carried out remotely. The Service Provider undertakes to ship the products ordered within 24 to 72 hours (working days) via the transport provider chosen by the Customer.

A tracking number will be communicated to the customer once the package has been deposited with the carrier. The Service Provider cannot be held responsible for the delays applied by the transport service provider once the package has been delivered.

 

This information is strictly personal to the Client. The Service Provider undertakes not to transmit personal information (name and address) to any outside organization except the transport service provider to ship the package.

 

In the event of a dispute during the shipping phase, the Customer undertakes to carry out research and to open a dispute with the chosen transport provider.

Article 8: Intellectual property

 

The elements, in particular but not exclusively, relating to the content, texts, images, videos, graphics, logos, services, products, domain names and know-how appearing on the Site and during exchanges between the Customer and the Service Provider, are , and remain the exclusive property of the Service Provider. 

 

Access to the Site, and to the Service Provider's services and products, does not confer any intellectual property rights on the Client. No assignment of intellectual property rights is made through these GCS.

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The use, transmission, or reproduction of all or part of the elements, without prior authorization, may be the subject of legal proceedings.

 

Article 9: Obligations and responsibilities of the Parties

 

• From the Provider

The Service Provider is not bound by an obligation of results but by an obligation of means. This means that the Service Provider will implement all necessary means to enable the Customer to achieve the promise made by the Product and/or Service. But the Service Provider does not provide any express or implied guarantee of results from the Client.

 

The Service Provider's guarantee is limited to the amount excluding tax paid by the Customer. This amount is understood as the maximum that the Service Provider may be required to pay in compensation (damages and interest) and penalties.

 

The Service Provider cannot be held liable for contractual non-performance, total or partial, in the event of an event of force majeure, beyond its control, and making it impossible to access the Service and/or Product ordered by the Customer.

 

The Service Provider undertakes to maintain the confidentiality of the information transmitted by the Client. The Service Provider may request the express agreement to complete a satisfaction notice which will be used solely for professional purposes.

• Client

 

The Client undertakes to provide all the details necessary for the smooth running of the cooperation with the Service Provider.

 

The Customer agrees to pay the amount due for the Product and/or Service.

 

The Client must check the technical pre-requisites for access and exchanges with the Service Provider. It is possible to send an email to the Service Provider to ensure good technical cooperation.

 

Article 10: Settlement of Disputes

 

The law applicable in matters of litigation is governed by French law. The T&Cs are written in French. 

 

The nullity of a contractual clause does not entail the nullity of the GCS. The non-application, temporary or permanent, of one or more clauses of the GCS by the Service Provider will not constitute a waiver on its part of the other clauses and will continue to produce their effects.

 

The amicable settlement of any dispute is the Service Provider's priority. This is why the Customer must first make any complaint known to the Service Provider by email. The Service Provider undertakes to respond to the Customer's complaint within 15 days.

 

If no solution is found, the individual consumer Customer may contact the competent Mediation Center free of charge to deal with the dispute. In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the Service Provider has set up a consumer mediation system. The chosen mediation entity is: CNPMediation. In the event of a dispute, the consumer may file his complaint on the site:

https://www.cnpm-mediation-consumption.eu/

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or by post by writing to:

CNP CONSUMER MEDIATION

27 avenue de la Liberation – 42400 SAINT CHAMOND

If no solution is found, the Professional Customer may refer to the Court of Poitiers.