GENERAL CONDITIONS OF USE AND SALE OF THE SITE
I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in carrying out and monitoring .
The site www.simon-pierre-delord.fr is edited by:
Simon-Pierre Delord, whose head office is located at the following address: 35 Grand-Rue de l´Horloge 81170 Cordes-sur-Ciel, and registered in Albi.
Telephone: 0652573531 / E-mail address: email@example.com.
The publication director of the site is: Simon-Pierre Delord.
The Simon-Pierre-Delord site is hosted by:
IONOS, headquartered at 7 Place de la Gare, 52700 Sarreguemines, France
Phone number: 09 70 80 89 11
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the Simon-Pierre-Delord site is:
Workshop for the production of fine jewelry, high jewelry watches and fine jewelry
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of illegal content or activities, the user can contact the editor at the following e-mail address: firstname.lastname@example.org or send a registered letter with acknowledgment of receipt to: Simon-Pierre Delord - 35 Grand-Rue de l'Horloge, 81170 Cordes-sur-Ciel, France
Access to and use of the site is subject to acceptance and compliance with these General Conditions of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T & Cs, in particular to adapt to changes in the site by providing new functionalities or deleting or modification of existing functionalities.
It is therefore advisable for the user to refer before any navigation to the latest version of the CGU, accessible at any time on the site. In case of disagreement with the T & Cs, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The editor implements the technical solutions at his disposal to allow access to the site 24 hours a day, 7 days a week. He can nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of the latter in order to proceed with updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the Simon-Pierre-Delord site implies unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.
These Terms apply, as necessary, to any variation or extension of the site on existing or future social and / or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user;
- delete any information that could disrupt its operation or that contravenes national or international laws, or with the rules of Netiquette;
- suspend the site in order to proceed with updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services and in particular to all paid services is subject to user registration. Registration and access to the site services are reserved exclusively for legally capable natural persons, who have completed and validated the registration form available online on the Simon-Pierre-Delord site, as well as these General Conditions of Use. . When registering, the user undertakes to provide exact, sincere and up-to-date information on his person and his civil status. The user will also have to regularly check the data concerning him in order to maintain its accuracy. The user must imperatively provide a valid e-mail address, on which the site will send him a confirmation of his registration for his services. An email address cannot be used more than once to register for services. Any communication made by Simon-Pierre-Delord and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to reply within a reasonable time if necessary. Only one registration for site services is allowed per natural person. The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password. The user name and password can be changed online by the user in his Personal Space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties. Simon-Pierre-Delord reserves in any case the possibility of refusing a request for registration for the services in the event of non-compliance by the User with the provisions of these General Conditions of Use.
The regularly registered user can at any time request their unsubscription by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that he has edited himself. The publisher is not responsible for:
- in the event of problems or technical, computer failures or compatibility of the site with any hardware or software; - direct or indirect, material or immaterial, foreseeable or unpredictable damage resulting from the use or difficulties of using the site or its services; - intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there; - illegal content or activities using its site, without being duly aware of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004- 801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.
In addition, the site cannot guarantee the accuracy, completeness and topicality of the information which is disseminated there. The user is responsible for: - the protection of its equipment and data; - the use he makes of the site or its services; - if it does not respect the letter or the spirit of these T & Cs.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which Simon-Pierre-Delord has no control. Despite the prior and regular verifications carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites. The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes. In addition, prior information from the site editor is necessary before any hypertext link is set up. Are excluded from this authorization sites disseminating information of an illegal, violent, controversial, pornographic, xenophobic nature or which may affect the sensitivity of the greatest number. Finally, Simon-Pierre-Delord reserves the right to have deleted at any time a hypertext link pointing to its site, if the site considers it not in conformity with its editorial policy.
ARTICLE 10. DATA COLLECTION
The site is declared to the National Data Protection Commission (CNIL) under the number 147 369 In addition, the site complies with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms. Under the provisions of the aforementioned law, the user has, in particular, a right of opposition (articles 32 and 38), access (articles 38 and 39) and rectification (article 40) of the data concerning him . To make use of one of the aforementioned rights, the user must contact the publisher by contacting him by e-mail at the following address: email@example.com, or by registered mail addressed to the registered office of the publisher, specifying his surname, first name (s), address and e-mail address (es).
ARTICLE 11. COOKIES
ARTICLE 12. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under intellectual property. Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the site, by any process whatsoever, without the express prior written authorization of the publisher, is strictly prohibited and would be likely constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site. Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remains the exclusive property of the publisher. It is prohibited for the user to enter data on the site which would modify or which could modify its content or appearance.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before French courts in accordance with the rules of jurisdiction in force.
The Simon-Pierre-Delord site wishes you an excellent navigation!
II. TERMS OF SALES
The site is edited by the seller, Simon-Pierre Delord, whose head office is located at the following address: 35 Grand-Rue de l´Horloge, 81170 Cordes-sur-Ciel, and registered in Albi. The seller is not subject to VAT under article 293 B of the CGI. The following provisions are intended to define the general conditions of sale on the Simon-Pierre-Delord site These general conditions of sale (hereinafter "GTC") define the contractual rights and obligations of the seller and his client in the context of the distance and electronic sale of goods and products. The GTC exclusively govern the relationship between the seller and the customer. The CGV express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated. In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply. The seller reserves the right to modify the GTCs from time to time. The modifications will be applicable as soon as they are put online.
ARTICLE 1. CATALOG OR ONLINE SHOP
Through the site, the seller provides the customer with a catalog or an online store presenting the products sold accurately, without the photographs having a contractual value. The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the seller cannot be held liable for this fact. The products are offered within the limits of available stocks. The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by publishing them online. Only the rates in force indicated at the time of the order will apply, subject to product availability on this date. The prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the customer. The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products. The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form. Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer can fill out an order form online, using an electronic form. By filling in the electronic form, the customer accepts the price and description of the products. The customer must accept by clicking on the indicated place, these general conditions of sale, for his order to be validated. The customer must give a valid email address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller may take place using this address. The customer must also choose the delivery method and validate the payment method. The seller reserves the right to block the customer's order in the event of default of payment, incorrect address or any other problem on the customer's account, until resolution of the problem.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with payment obligation, which means that placing the order involves payment by the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number. The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as to the payment of the sums due under the order. In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the number of the bank card), any person can dispute within 70 days from the date of the transaction by sending a complaint according to the following terms, so that the seller bears the costs of the sale and restores the disputed sum: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: firstname.lastname@example.org Any dispute not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility. The seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the customer for identification data. In the event of refusal to authorize payment by credit card from accredited bodies or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery. The seller also reserves the right to refuse an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is in progress.
Upon receipt of validation of the purchase and payment by the customer, the seller transmits to the latter, on the email address he specified, confirmation of the receipt of the order form and a copy of the contract to be printed. The seller is required to send an invoice to the customer upon delivery. The customer may request that the invoice be sent to a different address from that of delivery by sending a request to this effect to customer service (see contact details below) before delivery. In case of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order of this product and reimburse the related price, the rest of the order remaining firm and final. The customer can always exercise his right of withdrawal within 14 days from the time when information concerning the unavailability of the product has been sent to him. For any question relating to the follow-up of an order, the customer may contact customer service at the following coordinates: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: email@example.com
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online supply of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payment due sums due under the order form, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
Communications, orders and payments between the customer and the seller can be proven using computerized registers, stored in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All of the payment methods available to the customer are listed on the seller's site. The customer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, when placing the order.
ARTICLE 8. DELIVERY
Delivery is made only after confirmation of payment by the seller's banking organization. The products are delivered to the address indicated by the customer on the online form worth order form, the customer having to ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be redirected at the customer's expense. Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following deadlines: Standard delivery: 10-12 working days; Express delivery: 6-8 working days;
8.1 DELAY IN DELIVERY AND DENUNCIATION
In the event of delay in delivery, the seller will inform the customer, who may withdraw from the contract and request a refund within 14 days of this withdrawal. The total reimbursement of the product and delivery costs, or re-shipment if necessary, is then made. This termination of the contract must be sent in the following manner: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: firstname.lastname@example.org Any denunciation not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the customer.
8.2 VERIFICATION OF THE ORDER
If at the time of delivery, the original packaging is damaged, torn, open, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip. The customer must indicate on the delivery slip, and in handwritten form, any anomaly concerning the delivery. The verification of the products is considered to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery slip. The customer must, if necessary, inform the seller of his reservations in the following ways: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: email@example.com Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer. Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by email to the customer.
8.3 DELIVERY ERROR
In the event of a delivery error and / or non-conformity of the products in relation to the indications appearing on the order form, the customer makes his complaint to the seller on the same day of delivery or at the latest the first working day following the delivery. The claim may be made in the following ways: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: firstname.lastname@example.org Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer.
8.4 RETURN OF ORDER
The product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in the following ways: product returned by mail within 30 days from the date of delivery of the order, to the following address: customer service - 35 Grand-Rue de l´Horloge, 81170 Cordes-sur-Ciel, France Any complaint or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility vis-à-vis the customer. Any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the seller.
ARTICLE 9. PRODUCT WARRANTIES
The seller is responsible for the conformity of the products with the contract. The customer can make a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of the defects of articles 1641 and following of the Civil Code. The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
9.1 GUARANTEE OF CONFORMITY
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity. As such, he can choose between repairing or replacing the goods, under the conditions provided for in article L. 211-9 of the Consumer Code. The customer is not required to provide proof of the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.
9.2 WARRANTY OF DEFECTS
The customer, if he implements the guarantee of defects provided for in articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction in the price, and this in accordance with article 1644 of the Civil Code.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUNDS
If an ordered product is unavailable, the customer will be informed by email. The customer will have the possibility of canceling his order and will thus have the choice between the reimbursement of the sums paid by him within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return of the product within 14 working days of delivery. The customer will exercise his right of withdrawal by contacting customer service: By phone Monday to Friday from 6 p.m. to 9 p.m. on the following number: 06 52 57 35 31; by e-mail to the following address: email@example.com After communicating their decision to withdraw, the customer then has 14 days to return or return the goods. Any withdrawal or return not made in the rules defined above and within the time limits could not be taken into account and will release the seller from any responsibility towards the customer. The customer may request the exchange or refund of the returned product, without penalty, the return costs being borne by the seller. However, in the event of an exchange, delivery costs may again be billed to the customer. The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sale condition. Certain products, because of their intrinsic quality, cannot be subject to the right of withdrawal and cannot be reimbursed, in particular but not exclusively, the products referred to in article L. 121-21-8 of the Consumer Code to know : - any tailor-made product - any product which cannot by nature be redirected - any perishable product - any video product - any press product - etc. The seller must reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of the dispatch of these goods.
ARTICLE 12. DATA PROTECTION
The seller will keep in his computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice. The seller guarantees his client the protection of his personal data. The seller has made a declaration to this effect to the CNIL under the number 147 369 The customer has the right to access, modify and delete the information collected, in particular by contacting customer service for this purpose in the following ways: by e-mail to the following address: firstname.lastname@example.org; by registered letter to the following address: 35 Grand-Rue de l´Horloge, 81170 Cordes-sur-Ciel, France.
ARTICLE 13. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance beyond their control, constituting a case of force majeure, would prevent their execution. The obligations of the parties will be suspended. The party invoking such a circumstance must immediately notify the other party of its occurrence and disappearance. Are considered force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts, defined as such by the French case law and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
ARTICLE 14. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared null by application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will keep all their force and their scope.
ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and sustainable way to effectively exercise his activity, whatever, in the case of a legal person, the place of establishment of his head office. Also, these Terms are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. In the event of a dispute or complaint, the customer will first contact the seller to obtain an amicable solution. In the absence of an amicable agreement, the client, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court in the place of seat seller's social policy.