Between the Company Sucre d'Or, 19 avenue des Ibis, 44500 La Baule-Escoublac, with a share capital of €10,000, registered in the Saint-Nazaire Trade and Companies Register, under number B 789 275 476, SIRET 78927547600024, represented by Me Sophie MONFORT, as manager, duly authorised for the purposes hereof. The company can be reached by telephone or e-mail as indicated in the “contact” section of the site. Hereafter the “Seller” or the “Company”
On the one hand, And the natural or legal person proceeding to purchase products or services from the company, Hereinafter, “the Buyer”, or “the Customer” On the other hand, It has been exposed and agreed as follows:
The Vendor is a publisher of engraving products and services exclusively for consumers, marketed through its website (http://www.bijouxsucredor.com ). The list and description of the goods and services offered by Sucre d'Or can be consulted on the above-mentioned sites.
Article 1 : Object The General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offrered by the Seller.
Article 2: General provisions These General Terms and Conditions of Sale (GTCS) apply to all sales of Products, made through the Sucre d'Or website, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these GTCS at any time by publishing a new version on its website. The GTCS applicable in such cases are those in force on the date of payment (or of the first payment in the event of multiple payments) of the order. These GTCS can be consulted on the Sucre d'Or website at the following address: http://www.bijouxsucredor.com/cgv. Sucre d'Or also ensures that their acceptance is clear and without reservation by setting up a check box and a validation click. The Customer declares that he has read all of these General Terms and Conditions of Sale and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is in a position to contract legally under French law or validly represent the natural person or legal entity for which he is committing himself. Unless proven otherwise, the information recorded by Sucre d'Or constitutes proof of all transactions
Article 2: Prices - The prices of the products sold through the website are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They will be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. Sucre d'Or reserves the right to modify its prices at any time in the future. The telecommunications costs required to access Sucre d'Or's websites are payable by the Customer. Where applicable, delivery costs will also be borne by the Customer.
Article 3: Conclusion of the online contract. The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are systematic: > Information on the essential characteristics of the Product; > Choice of the Product, its options if any, and indication of the Customer's essential data (identification, address, etc.); > Acceptance of these General Terms and Conditions of Sale. > Verification of the elements of the order and, if necessary, correction of errors. > Follow-up of payment instructions, and payment of the products. > Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide true identification details. The Vendor reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the Sucre d'Or websites. The customer certifies that he has received details of delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Sucre d'Or websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the e-mail address provided).
Article 5: Retention of title clause. The products remain the property of Sucre d'Or until full payment of the price.
Article 6: Terms of delivery. The products are delivered to the delivery address that was indicated when the order was placed and the time indicated. This time does not take into account the time of preparation of the order. The customer is solely responsible for a delivery defect due to a lack of indication when placing the order.
The customer can choose between the 2 following delivery/withdrawal options:
Withdrawal in the shop (Boutique Sucre d'Or - 19 avenue des Ibis - 44500 La Baule-Escoublac)
The parcel is delivered according to the shipping method chosen by the Customer and is directly deposited in the mailbox of the delivery address indicated during the ordering procedure.
From the dispatch of the order, the average delivery times are as follows:
3 to 5 working days in tracked mail for France
5 to 7 working days in a tracked mail for the European Union, Switzerland and the United States (depending on the destination)
Concernant l'option “Retrait en boutique”, vous serez avertie par un e-mail dès que votre commande sera disponible en boutique (entre 2 et 4 jours de délai).
Sucre d'Or undertakes to ship all orders placed before noon on the same day (business days only).
Friday afternoons, weekends and holidays, orders leave on Monday morning.
However, during busy periods such as Christmas, Sucre d'Or reserves the right to extend the shipping time to 72 hours.
It is specified that any change of delivery address made by the Customer after the order has been recorded may lead to an extension of the delivery time.
In the event of late delivery, the Customer has the possibility of cancelling the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the “outward“ expenses under the conditions of Article L 138-3 of the Consumer Code. The Vendor provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation e-mail in order to follow up on the order. The Vendor reminds the Customer that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the delivered product.
As Sucre d'Or and the carriers are separate and independent entities, Sucre d'Or cannot be held responsible for any delay in delivery attributable to La Poste.
Article 7: Availability and presentation Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In the event of unavailability of an article for a period exceeding 30 working days, you will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled on request. The Customer can then ask for a credit note for the amount of the article or its refund.
Article 8: Prices and payment terms The prices displayed on the site are in Euros. The prices displayed on the E-shop are inclusive of all taxes (including VAT), excluding delivery costs. Delivery charges are indicated before validation of the order. The prices invoiced to the Customer are those in force at the date of the order. Payment is due immediately upon ordering. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider Stripe. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. The Customer expressly acknowledges that the communication of his/her bank card number is tantamount to authorisation to debit his/her account up to the price of the products ordered. If necessary, a notification of order cancellation for non-payment is sent to the Customer at the e-mail address communicated by the Customer when registering on the site. The data recorded and kept by Sucre d'Or constitutes proof of the order and of all past sales. The data recorded by the payment platform (Stripe) constitutes proof of any financial transaction between the Customer and Sucre d'Or. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled
Sucre d'Or only delivers to France, Europe and the United States.
Article 9: Withdrawal period In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where appropriate, of the cost of return“. “The period referred to in the previous paragraph shall run from receipt in the case of goods or acceptance of the offer in the case of services“. The right of withdrawal may be exercised by contacting Sucre d'Or as follows:
The products must be returned in perfect condition, complete, accompanied by the invoice and a word of explanation recalling the Customer's details and his desire to receive a refund, to the following address:
19 avenue des Ibis
44500 La Baule-Escoublac
Shipping costs related to the return of products remain the responsibility of the Customer unless the product received is not in conformity or has a manufacturing defect.
Sucre d'Or strongly advises its Customers to return products by tracked mail. The Customer also has the option of choosing the carrier of his choice. On the other hand, the return costs as well as the related risks are at the Customer's expense. It is therefore recommended that the Customer provides proof of this return, which implies that the products are returned with tracking, or by any other means giving a certain date.
Upon reception, and subject to these return conditions, the Vendor will proceed to refund the order excluding initial shipping costs by crediting the Customer's bank account within 14 days of receipt of the package by the Vendor. No exchange is possible except if you visit the shop.
Failure to comply with these return conditions will result in the package being returned to the customer at the customer's expense and will not result in any refund.
We inform Customers that in accordance with Article L. 121-20-2 of the Consumer Code, this right of withdrawal may not be exercised in the following cases:
If your return request has not been previously notified to us by email or telephone.
The product must not have been worn, worn, altered, washed or damaged.
Returned products must be sent in a single shipment. Sucre d'Or reserves the right not to accept items from the same order returned and dispatched at different times.
The product must be returned in its original packaging.
In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remain the responsibility of the Customer. Returns of products are to be made in their original condition and complete (packaging, accessories, instructions ...) so that they can be remarketed in new condition; they must be accompanied by the order form received upon delivery and accompanying the jewelry (with the order number written on it).
Reimbursement procedure: Refunds will be made by bank transfer to the card used to pay the initial invoice within 14 days of receipt of the products by us. It is not possible to replace or exchange returned products. A new order will have to be placed online.
With regard to returns of personalized products..: Article L 121-20-2 of the Consumer Code provides that the “right of withdrawal“ may not 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 any personalized products that do not correspond to your order (defective or not conforming).
The refund will be made to the credit card used to pay for the items.
Article 10: Guarantees In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Vendor reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The request for reimbursement must be made in the following manner:
The products must be returned in perfect condition, complete, accompanied by the invoice and a word of explanation recalling the customer's details and his desire to receive a refund, to the following address:
19 avenue des Ibis
44500 La Baule-Escoublac
Shipping costs related to the return of a nonconforming or defective product will be borne by the Seller.
Sucre d'Or strongly advises its Customers to return products by Colissimo or Lettre Max. The customer also has the option of choosing the carrier of his choice. On the other hand, the return costs as well as the related risks are the responsibility of the Customer. It is therefore recommended that the Customer should take care to provide proof of this return, which implies that the products are returned with parcel tracking, or by any other means giving a certain date.
Upon receipt, and subject to these return conditions, the Vendor will proceed to refund the order excluding initial shipping costs by crediting the Customer's bank account within 14 days of receipt of the package by the Vendor.
Article 11: Claims and After Sales Service If necessary, the Buyer may submit any claim by contacting the company using the following contact details: firstname.lastname@example.org or by contacting us by telephone on: +33 2 40 23 43 64. Our after-sales and repair service is available from 10am to 7pm from Monday to Friday. Should you ever break your jewelry, you can send it to us at the following address with a follow-up letter so that we can return it to you: Sucre d'Or - 19 avenue des Ibis - 44500 La Baule-Escoublac. Do not hesitate to send us an e-mail first to find out if it can be repaired and the deadline.
Article 12: Intellectual property rights Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 13: Force majeure The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract If any of the stipulations of this contract were to be annulled, such annulment would not entail the nullity of the other stipulations which would remain in force between the parties. Any modification of the contract shall be valid only after a written and signed agreement of the parties.
Article 15: Protection of personal data In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify any personal data concerning you. By adhering to these terms and conditions of sale, you consent to the collection and use of such data by us for the purpose of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by Sucre d'Or and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by letter RAR. We carry out on all our sites a follow-up of the frequentation. To do this, we use tools such as Google Analytics.
Article 16 Limitation of liability clause Sucre d'Or's liability cannot be engaged in the event of non-performance or poor performance of the contract due either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
Article 17: Applicable law All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.