VERSION APPLICABLE FROM JULY 16, 2018
ARTICLE 1: OBJECT
These general conditions of sale specify the rights and obligations of the Internet user (hereinafter the “Customer”) with regard to the products sold in the electronic catalog of the website. www.gayabygarnazelle.com (hereinafter the "Site") as part of a distance selling system.
The contract, drawn up in the event of an effective order, is governed by the regulations on distance selling, as it results in particular from the Consumer Code, as well as the specific provisions referred to below.
The order implies irrevocable acceptance of the general conditions of sale. The Customer declares to have the capacity to conclude this contract, that is to say to have the legal majority and not to be under guardianship or guardianship.
The unconditional acceptance of these general conditions of sale will consist in fact, for the Customer, of ticking the box “I have read and I accept the GTC”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.
ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER
The author of the offer is:
Garnazelle (hereinafter the “Company”)
Headquarters: 3, rue du Marché Saint-Honoré, 75001 Paris
SIRET number: 438 147 761 00029
Share Capital: 788,888.00 EURO
VAT number: FR78438147761
Registration number in the Trade Register: B438147761
Customer service :
E-mail : firstname.lastname@example.org
Phone: +33 1 40 15 10 40
ARTICLE 3: PRODUCTS
The products offered for sale are those appearing on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective or substandard products compared to the standards offered on the market. Some of our pieces are unique copies; others can be made from natural stones.
We draw the Customer's attention to the fact that the photographs illustrating our products may turn out to be slightly different from reality due to the settings of the Customer's screen and the lighting during the shots.
In addition, in the case of artisanal creations, the articles may present irregularities in finish, differences in format and / or colors inherent in this type of manufacture which cannot be considered as major defects. The responsibility of the Company cannot be called into question, the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the Company in any way. Customers can obtain additional information by contacting the Company's Customer Service by telephone.
ARTICLE 4: PRICE
The prices of the products displayed are indicated in euros all taxes included and excluding delivery costs.
ARTICLE 5: ORDERS
5.1 Internet orders
After adding their items to the basket and validating it, the Customer will be redirected to a connection area where they must identify themselves by entering their email address and password, in order to access their account. In the event that the Customer does not have an account, a form located to the right of the login area will allow the Customer to create his account. For the creation of the account, the Customer must provide the company with his name, first name, email address and create a password of his own.
After having checked the content of his order, as well as the total cost thereof, corrected any errors, and entered the delivery address and the billing address in the space provided for this purpose, the Customer will confirm definitively at the payment stage. This confirmation will be worth conclusion of the contract.
Once the contract has been concluded, the Company will send the Customer, by email, a receipt of his order containing a summary of the information entered on the order form.
A purchase invoice will be sent to the Customer in his package containing the products purchased.
5.2 Refusal of orders
In accordance with the provisions of article L.122 1 of the Consumer Code, the Company will be entitled to refuse any abnormal order or order placed in bad faith.
In addition, the Company will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
ARTICLE 6: MEANS OF PAYMENT
For the payment of the price of the products, the Customer will follow the methods indicated in the order form.
The Customer has the possibility of paying for his purchases by payment card. The accepted payment cards are: CB, MasterCard®, Visa®.
During payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Customer must transmit his credit card number, depending on the type of the latter, the expiration date of the latter as well as the cryptogram number (3-digit number appearing on the back of the bank card).
The Customer guarantees the Company, when validating his order form, that he is in good standing with the issuer of the payment card.
Financial information will be transferred by means of a cryptographic protocol to banks providing services related to remote electronic payment, without third parties being able to access it under any circumstances.
ARTICLE 7: DELIVERY AND SHIPPING
7.1 Shipping times
Availability and shipping time:
Any order placed on the Site will generally be processed and shipped within 48 hours of receipt of payment (excluding weekends and holidays) unless otherwise specified by us. An email will be sent to confirm order processing and shipping.
The jewels offered for sale on the Site are produced only in very limited quantities by our workshops. Thus, it is possible that the part that the Customer wishes to acquire is not in stock although the mention “Add to basket” is displayed on the Site. If necessary, the Customer will be notified and the part will be produced on request especially by our workshops.
The Customer's attention is therefore drawn to the fact that shipping times may vary from a few days (if the product is in stock) to 8 weeks depending on the period and the complexity of the parts requested. We strive to reduce this time as much as possible and invite the Customer to contact our customer service in order to know the real time availability of the products he wishes to order.
7.2 Delivery times
The site delivers throughout the European Union as well as to the rest of the world (please consult the list in appendix 1 of the countries where we deliver our products). The ordered product is delivered to the address appearing on the Customer's order form, with the exception of the choice of the “In-store pick-up” option (order delivered to the Garnazelle store, located 3, rue du Marché Saint-Honoré 75001 Paris). The delivery address may differ from the billing address.
The delivery time depends on the delivery address as well as the delivery method selected by the Customer. Any possible delay related to the customs clearance of the exported goods does not engage the responsibility of the Company.
The delivery times specified below do not run until the order is dispatched.
Delivery in France is made, at the initiative of the Customer, by one of the following transport options:
Standard delivery 3 to 5 working days
Express delivery 1 to 2 working days
Pick up in store (only at Garnazelle store 3, rue du Marché Saint-Honoré 75001 Paris): store delivery made no later than the next day for any order placed before 5 p.m. (French time), working day
International delivery (except mainland France, Monaco and Andorra) is carried out by Fedex carriers.
In the event of damage, the Customer makes his reservations with precision and clarity on the delivery slip, a duplicate of which is sent by La Poste or by the carrier to the Company. In this regard, it is the Customer's responsibility to check the content, conformity and condition of the product upon delivery. This verification is deemed to have been carried out once the Customer, or a person duly authorized by it, has signed the delivery slip presented by the receiver of La Poste or by the carrier.
Despite the care taken in preparing the orders, it is possible that a product is missing from it, or that an error has occurred during the preparation. If you notice such an error, please report it to us by email at email@example.com within a maximum of 48 hours following receipt of the order.
So-called "special" orders include the personalization of a piece of jewelry and the tailor-made creation of a piece of jewelry. Any buyer wishing to make a special order is invited to contact our customer service in order to know the feasibility of his request, to receive a quote and to be informed of the shipping times.
In accordance with the provisions of article L221-28 of the Consumer Code, the products corresponding to these special orders cannot be exchanged or refunded.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURN OF ARTICLES
In accordance with the provisions of articles L221-18 et seq. Of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from his purchase, without having to justify any reason whatsoever.
The period of fourteen (14) days runs:
- from the day on which the Customer or a third party, who is not the carrier, designated by the Customer, received the item ordered,
- or, in the case of an order for several articles delivered separately, from the day on which the Customer, or a third party who is not the carrier, designated by the Customer, received the last article.
The Client must notify the Company by completing the withdrawal form (available below), or by sending an unambiguous declaration, by:
- Email to firstname.lastname@example.org ; or by
- Postal mail sent to Garnazelle, 4 square du Trocadéro, 75016 Paris (postmark as proof).
(Please complete and return this form only if you wish to withdraw from the contract).
- I / We [*] notify you / notify [*] hereby my / our [*] withdrawal from the contract for the sale of the property [*] / for the provision of service [*] below
- Item ___ [reference] _____________
- Ordered on [*] / received on [*]: ______________
- Name of consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper)
[*] Delete the unnecessary mention.
The Customer must return the product within fourteen (14) days of notification of its withdrawal to the following address, the return costs being the responsibility of the Customer.
4, square du Tracodéro
After receipt and verification of the products returned by the Customer, the Company will reimburse the payments received within fourteen (14) working days, via a re-credit to the Customer's bank account, and in the event of a return of a global order (all products ordered in a single order) delivery costs. Delivery costs reimbursed will be based on the standard delivery method (the most economical). If the Customer has chosen a delivery method other than the standard delivery method, the additional charges invoiced will not be reimbursed.
However, the Company will not accept the exchange and refund of jewelry unless all of the following conditions are met:
1) The product must not have been worn, worn, modified, washed or damaged
2) The product must be returned in its original packaging accompanied by the purchase invoice
No reimbursement may be made for the benefit of the Customer who has not exercised his right of withdrawal under the conditions of this article.
Upon receipt of the returned product, the refund will be made according to the buyer's wishes in the form of a credit note valid for 6 months on the Site or a refund credited directly to his bank account.
ARTICLE 9: EXCHANGE
The Garnazelle company wishes to offer its customers the possibility of exchanging the items delivered under the conditions described below.
It is specified that in the context of the use of the Gift Service, the option of exchange cannot be exercised by the recipient of the gift but only by the customer.
The customer may, at his option, within thirty days of the delivery date:
Or proceed with the exchange remotely. In this case, the customer must return the items delivered in their original packaging, complete (accessories, instructions, etc.) and accompanied by the carefully completed return slip and a copy of the invoice, to the following address: Garnazelle , E-boutique service, 4, square du Tracodéro, 75016 Paris, France
It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or by any other means giving a certain date, the return costs remaining the responsibility of the customer. Any new delivery can only take place after receipt by the Company of the items returned by the customer.
Or go to the Garnazelle store located 3, rue du Marché Saint-Honoré, 75001 Paris, with the items delivered in their original packaging, complete (accessories, instructions, etc.) and accompanied by a copy of the invoice in order to proceed with the exchange.
Whatever option is chosen, items returned incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be exchangeable or refundable.
In the event of an exchange of items, the initial sale will be resolved. The payment of the new sale will be made by offsetting with the amount of the previous sale, it being understood that any overpayment will be the object either of a credit in favor of the Customer, or of a re-credit on the bank account. of the Customer, subject to the Customer getting back in touch with Customer Service.
In the event of an item exchange via customer service, the new sale will be subject to these general conditions of sale.
ARTICLE 10: CONFORMITY - GUARANTEE
The Customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not comply with their order, the customer must inform the Company's customer service department by telephone or e-mail and return the items in question under the conditions set out in article 8. of these general conditions of sale.
Notwithstanding the specific warranty conditions given to the customer with the item delivered, the items are subject to the warranty conditions provided for by law.
Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:
“Article L.211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has was charged to it by the contract or was carried out under its responsibility ”.
“Article L.211-5 of the Consumer Code:
To be in conformity with the contract, the good must:
1 ° Be suitable 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 latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
“Article L.211-12: The action resulting from the lack of conformity lapses two years after delivery of the goods”.
“Article 1641 of the Civil Code: The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not. would not have acquired, or would have given only a lower price, if he had known them ”.
“Article 1648 of the Civil Code, first paragraph: The action resulting from the lack of conformity lapses two years after delivery of the goods”.
The repair of the consequences of the hidden defect, when it has been proven, comprises according to the case law:
Either completely free repair of the article, including labor costs,
Either its replacement or the total or partial refund of its price in the event that the article is totally unusable and compensation for any damage caused to people and property by the defect of the article.
ARTICLE 11: CUSTOMER SERVICE
For any request for information or for any complaint, the Customer will contact customer service at the following address: email@example.com .
Customer service can also be reached by phone from Tuesday to Saturday from 12:30 p.m. to 7:30 p.m. on +33 1 40 15 10 40.
In the event of a complaint, the Customer may first contact customer service.
As a second recourse, the Client may also decide to access the out-of-court dispute resolution system provided by the European Commission, available on the site:
ARTICLE 12: INTELLECTUAL PROPERTY
The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as other international intellectual property laws and treaties.
All rights relating to the Site and to the overall concept of the Company's activity, to their original and innovative character, in particular intellectual property rights on texts, literary, artistic and graphic creations (including photographs ) and audiovisual, IT developments, HTML developments and other intellectual works and, more generally, all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, visual identity of the Site, belong to the Company or are regularly operated by the latter, without any limitation.
The Customer undertakes not to directly or indirectly infringe the Company, the Site, or the rights of the Company.
ARTICLE 13: PROTECTION OF PRIVACY AND COOKIE
The delivery of the order requires the provision of a certain amount of personal information concerning the Customer, namely in particular his name, first name, postal address, telephone number, email address. The data collected is necessary for the Company to fulfill its obligations, in particular for the validation of the order, as well as for the execution of the delivery. The Customer not wishing to provide this information will not be able to order on the Site.
These data are kept for this sole purpose and the Company undertakes not to use them in any other context, nor to transmit them to third parties, without the express consent of the Client or outside the cases provided for by law. The data controller, except for data relating to payment, is the Company, whose contact details are indicated in article 2. The contact details of Customers are kept for a period of 3 years from the end of the payment. business relationship. These data are kept in secure conditions, using current technical means, in compliance with the provisions of Law No. 78-17 of January 6, 1978.
The transmission of information on the Site takes place in a secure context using the protocols in force on the Internet.
Payment card numbers are not stored on the Site but on the secure site of our banking establishment.
In accordance with the Data Protection Act of January 6, 1978, you have the right to access, rectify and oppose your personal data. To do this, you just need to send us a request online or by mail, indicating your first and last names, address and, if possible, your customer reference to the following address: firstname.lastname@example.org.
Some cookies are used by third parties (eg Google) to transmit data to the Company on the effectiveness of its promotions. Cookies do not, under any circumstances, obtain personal information allowing the identification of a particular user.
The cookies used on the Site are, in any case, of a temporary nature, having the sole purpose of making subsequent transmission more efficient. No cookie used on the Site will have a period of effect of more than two years.
The Customer has the possibility to configure their browser to be warned of the reception of cookies and to refuse installation in their device.
By eliminating cookies from the Site or by deactivating them, the Internet user runs the risk of not being able to access certain features of the Site.
To use the Site, it is not necessary that users allow the installation of cookies, but they will have to restart the session as such in each of the services whose service requires prior registration or the start of the session.
What types of cookies does the Site use? The Site uses four types of cookies:
- Technical cookies: They allow the Internet user to browse the Site and use features such as the shopping cart.
- Analysis cookies: The Site uses Google Analytics cookies to quantify the number of users who visit the Site. These cookies make it possible to measure and analyze the way in which Internet users browse the Site. This information allows the Company to continually improve its services and facilitate the purchasing process for Site users. To learn more about this, you can visit the Google Analytics privacy page:
- Personalization cookies: When the Internet user browses or purchases on the Site, the Site will remember his preferences (for example, his tastes or the preferred language). Thanks to these cookies, it is possible to offer a simpler, faster and more personalized browsing experience for users.
- Advertising cookies: These cookies are used to display important announcements to users. In addition, they limit the number of times each user views an ad and help the Company to measure the effectiveness of its advertising campaigns. By browsing the Site, the user accepts that the Company downloads this type of cookies to their device and makes consultations when the user visits the Site in the future.
The Site's servers can automatically detect the IP address and domain name used by users.
An IP address is a number automatically assigned to a computer when it connects to the Internet. This information allows the subsequent processing of the data in order to obtain only statistical measurements allowing to know the number of visits made to the Site, the order of the visits, the access point, etc ...
ARTICLE 14: APPLICABLE LAW
These general conditions of sale are governed by French law, with the exception of any other applicable international convention including the Vienna Convention on the International Sale of Goods of April 11, 1980.
ARTICLE 15: MODIFICATIONS AND UPDATES
The general conditions of sale are modified regularly, in particular in consideration of possible normative changes. The new general conditions of sale will apply on the date of their publication on the Site.
ARTICLE 16: MISCELLANEOUS
If any of the clauses hereof prove to be null or inapplicable by virtue of a law or a regulation or following an enforceable decision of a competent court, the Parties expressly agree that this contract shall not will not be affected by the invalidity of the clause in question.
The fact that one of the parties does not require at any time the strict execution by the other party of any provision or condition of these General Conditions shall not be deemed to constitute a definitive waiver of this provision or condition.
Annex 1: DELIVERY AREA DETAIL:
Zone A: Germany, Belgium, Netherlands, Luxembourg, United Kingdom, Ireland, Italy, Spain, Portugal, Switzerland, Austria, Denmark, Greece, Iceland, Finland, Norway, Sweden, Spain and Portugal (Canary Islands, Balearic Islands, Ceuta , Melilla, Azores, Madeira)
Zone B: Hungary, Poland, Czech Republic, Slovakia, Slovenia, Estonia, Latvia, Lithuania, Serbia, Cyprus, Croatia, Turkey, Russia, United States, Canada
Zone C: Maghreb, Middle East, Cambodia, South Korea, Hong Kong, India, Indonesia, China, Singapore, Japan, Vietnam, Israel, Australia
Zone D: Americas (excluding United States and Canada), French Polynesia, Africa (excluding Maghreb)