General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") define the rules applicable to the sale of jewelry (hereinafter referred to as "the Products") on the liane-joaillerie.fr website.
Between :
The micro-enterprise Liane-joaillerie / Liane Fleischer, whose registered office is located at 41 avenue Secrétan, 75019 Paris, France, registered with the PARIS Chamber of Trades and Crafts under number 882 753 882 R.M. 75,
And
the individual customer and „end user”, any non-commercial natural persons, aged at least 18 years and with the legal capacity to contract(hereinafter "the Customer"), exclusively living in the countries delivered by the site, purchasing a product on the Site.
ARTICLE 1: PURPOSE
1.1 The purpose of the General Terms and Conditions of Sale (hereinafter referred to as "GTCS") is to define the terms and conditions according to which liane-joaillerie / Liane Fleischer offers to sell handcrafted products on the Site to its Customers.
1.2 The Customer declares having read and accepted the present Terms and Conditions before placing the Order. The validation of the Sales Order implies that the Customer fully agrees with the present Terms and Conditions.
1.3 Liane-joaillerie / Liane Fleischer reserves the right to modify the present Terms and Conditions at any time. The applicable GTCS are those in effect at the time the Sales Order is placed by the Customer.
These terms and conditions may be modified, particularly to accommodate any regulatory changes. The new terms and conditions apply as soon as they have been posted.
ARTICLE 2 : CONTACT INFORMATION - CUSTOMER SERVICE
For any request for information, clarification or complaint, the Customer must contact, in priority, the liane-joaillerie Customer Service.
The Customer Service Department is accessible from Monday to Friday (except on public holidays), from 10h to 18h at the following coordinates:
Telephone: +33 6 98 68 58 83 (not surcharged)
E-mail : contact@liane-joaillerie.com
ARTICLE 3: PRODUCTS
3.1 The products on offer on the Site are handcrafted and are manufactured as of the validation and payment of the order according to the manufacturing deadlines indicated in article 4.
3.2 The Products are described and presented on the Site with the greatest possible accuracy.
Nevertheless, slight irregularities and/or minimal variations in color may be observed between a product and its photograph, which do not affect the validity of the sale nor engage the responsibility of liane-joaillerie / Liane Fleischer, given the inherent characteristics and nature of the handcrafted work and the materials used (metal, stones, pearls,...).
ARTICLE 4: ORDER - MANUFACTURING TIME
4.1 The manufacturing lead time is twenty (20) to thirty (30) working days, depending on the product, from the validation of the order and the full payment of the price.
4.2 In order to avoid any error, the Customer is encouraged to carefully check the details of his/her order (product, size, metal, quantity) before confirming his/her purchase.
No subsequent changes to the order may be made by the Customer.
4.3 A customized order is defined as an order placed for one or more products whose specific characteristics (metal, stone, engraving), excluding size, have been directly chosen by the Customer at the time of the order.
The Customer accepts that the manufacturing lead time may be extended, especially for custom-made orders, due to the lead times imposed by liane-joaillerie’s own suppliers when the product must be set and/or engraved.
If the manufacturing lead time is extended beyond thirty (30) days, the Customer will be informed by e-mail of the new manufacturing lead time and a new delivery time will be indicated.
4.4 Once the Order has been validated and paid for, a confirmation e-mail will be sent to the Customer containing a summary of the Order (product, quantity, price) as well as the delivery and/or invoicing addresses provided, if applicable.
ARTICLE 5: PRICES
5.1 Prices are indicated in the product description, in Euros and inclusive of all taxes, excluding delivery charges; it being specified that the value-added tax (VAT) is that in force in mainland France on the day the order is validated.
5.2 Delivery charges shall be indicated to the Customer on the order summary before the Order is validated and shall include all taxes. These costs are to be paid for by the Customer and are invoiced in addition to the Product(s) selling price.
5.3 liane-joaillerie reserves the right to modify its prices at any time but shall apply the prices in effect at the time the order is placed.
ARTICLE 6: PAYMENT
6.1 The totality of the payment must be made by the Customer the day of the order by bank card (Blue Card, Visa, Mastercard).
6.2 The website uses the STRIPE security system, a service provider specializing in the security of online payments. This system guarantees the Customer the total confidentiality of his bank information. The credit card transaction, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. The banking coordinates of the Customer are not stored by liane-joaillerie / Liane Fleischer.
6.3 The Customer guarantees to liane-joaillerie / Liane Fleischer that he/she has the necessary authorizations to use the payment method when placing the order.
6.4 liane-joaillerie / Liane Fleischer reserves the right to suspend or cancel the execution and/or delivery of any order, whatever the nature or level of execution, in the event of non-payment or partial payment of any sum due by the Customer to liane-joaillerie / Liane Fleischer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Web Site and the payment of an order.
6.5 An invoice for the order will be sent to the Customer by e-mail as soon as the order is shipped.
ARTICLE 7: DELIVERY
7.1 The products will be delivered to the address indicated by the Customer.
7.2 All orders shall be shipped within thirty (30) business days following the date of payment of the order, for deliveries within Metropolitan France and the European Union.
7.3 In the case of custom-made orders for which lead times have been extended in accordance with the provisions of article 4.3, the Customer shall be informed by e-mail of the dispatch of the order when it is ready.
In such event, Customer agrees that the custom order shall be delivered within a period not exceeding forty-five (45) days from the day following Customer's acceptance of the new manufacturing lead time.
7.4 Deliveries are made via Colissimo, Chronopost, UPS or FedEx with proof of purchase. The cost of shipping is calculated according to the value of the Products shipped and is added to the price of the Products invoiced in accordance with Article 5.2.
7.5 The order will be shipped to the address indicated by the Customer at the time of placing the order.
The Customer agrees to inform to liane-joaillerie / Liane Fleischer of any change in his/her invoicing and/or shipping address between the time of placing the order and the time of delivery by sending an e-mail to the customer service department. Failing to do so, in the event of a delay and/or error in delivery, the Customer shall in no way hold to liane-joaillerie / Liane Fleischer responsible for the non-delivery.
7.6 The delivery is deemed to have been made as soon as the product is handed over to the shipping carrier. The delivery slip given by the carrier, dated and signed by the Customer upon delivery of the product will constitute a proof of transport and delivery. Upon delivery, the Customer shall verify the content, conformity, and condition of the Product(s).
7.7 In the event that the order is returned due to the absence of the Customer, customer services shall contact the Customer for a second delivery at the Customer's expense.
7.8 The Customer may monitor the execution and delivery of the order by contacting the customer service number indicated in Article 2.
7.9 Ownership of the product and risk shall pass to the Customer upon full payment of the order.
ARTICLE 8: RIGHT OF WITHDRAWAL
8.1 In accordance with articles L.221-18 and following of the French Consumer Code, the Customer has a period of fourteen (14) days from the day following the reception of the product ordered on the Site to exercise his/her right of withdrawal from liane-joaillerie / Liane Fleischer.
8.2 All products/services can be retracted, except those excluded by article L. 221-28 of the French Consumer Code, reproduced below:
The right of withdrawal cannot be exercised for contracts:
1° Of supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.
2° Supply of goods made to the consumer's specifications or clearly personalized.
Customized Orders as defined in Article 4.3 may not be subject to withdrawal.
8.3 In order to exercise his/her right to cancel the order, the Customer must notify his/her decision to cancel the Sales Order by e-mail to contact@liane-joaillerie.com. A form to be completed will be sent to the Customer.
ARTICLE 9: CLAIMS - EXCHANGES - RETURNS
9.1 Exchanges are only accepted for a change of size on the same product, it being specified that the said product does not fall into the category of a custom-made order within the meaning of Article 4.3.
9.2 The Customer has fourteen (14) days from the date of receipt to make an exchange request to the customer service e-mail address: contact@liane-joaillerie.com
9.3 Returns are to be made in their original and complete condition, allowing them to be remarketed in new condition. liane-joaillerie / Liane Fleischer products must not be worn in the event of a withdrawal. Damaged, soiled, or incomplete products are not accepted.
Returns are to be made as soon as possible and at the latest within fourteen (14) days from the notification of the decision to withdraw from the present contract to the following address:
Atelier L&L c/o Liane Fleischer, 64 rue Sainte-Anne, 75002 Paris, France.
In accordance with the law, the Customer shall bear the cost of returning the product(s) as well as the risks.
9.4 All returns will be subject to a rigorous quality control to ensure that the returned products comply with the return or exchange requirements.
If the product complies with the quality control standards, liane-joaillerie / Liane Fleischer will proceed to the refund as soon as possible, and at the latest within thirty (30) days following the date on which this right was exercised, or to the exchange of the product which is the subject of a retraction, in accordance with the manufacturing and delivery deadlines indicated in articles 4 and 7 of these GTC.
liane-joaillerie / Liane Fleischer reserves the right to refuse any return and/or exchange that does not comply with the quality control conditions.
9.4 As the products are manufactured to the order, a new maximum delivery time of thirty (30) days is then applicable before receiving the new product in accordance with article 7.
ARTICLE 10: INTELLECTUAL PROPERTY - PERSONAL DATA
10.1 All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or any other intellectual property right. These elements are the exclusive property of liane-joaillerie / Liane Fleischer.
The whole of the handcrafted products, the name, the designs, the stylized letters or any other sign represented on the Site are protected by copyright, trademark law, designs and/or any other intellectual property right. These elements are and remain the exclusive property of liane-joaillerie / Liane Fleischer.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements composing the Site and the product catalog, their use as well as their provision to third parties are formally forbidden.
10.2 Within the framework of the order, liane-joaillerie / Liane Fleischer may collect personal data from the Customer. liane-joaillerie / Liane Fleischer undertakes, in accordance with the RGPD regulations, to respect the privacy of its Customers and to protect their personal data, i.e. data that may identify them directly or indirectly as individuals.
In accordance with the provisions of the French law n° 78-17 of January 6, 1978, as modified by the law n°2004-801 of August 6, 2004 called "Informatique et Libertés", and with the general regulation on data protection (RGPD), subject to proof of identity, any Customer, whatever his nationality, has a right to access, modify and delete his personal data by contacting liane-joaillerie / Liane Fleischer by e-mail at the followingaddress:
contact@liane-joaillerie.com.
ARTICLE 11 : WARRANTY
11.1 Guarantee of conformity
The products are guaranteed against defects for a period of two (2) years from the date of delivery in accordance with articles L217-7 and following of the French Consumer Code.
liane-joaillerie / Liane Fleischer guarantees to the Customer that the raw materials used for the manufacture of the products have a certificate of authenticity. The Customer will receive the certificate of authenticity corresponding to the product(s) when placing the order.
11.2 Specidic guarantees
Products made of gold 750/1000 (18K gold) shall bear the craftsman's stamp.
According to the legislation in effect, the state stamp will also be applied to any work in gold 750/1000 (18 K gold), only if the latter is equal to or greater than three (3) grams.
An invoice serving as warranty will be sent to the Customer at the time of delivery..
ARTICLE 12: LIMITATION OF LIABILITY
12.1 The placing of an order on the Site implies the knowledge and acceptance of the procedures in effect on the Internet, notably with regard to technical performance, response times, connection times, queries or transfers of information, risks of disconnection, risks of contamination by viruses circulating on the network and, in general, all risks related to the use of the Internet.
liane-joaillerie / Liane Fleischer shall not be held responsible for any direct or indirect damage resulting from misuse or incident related to the use of the computer, access to the Internet, maintenance or malfunction of the servers, telephone line or any other technical connection, the Customer's connection to the Site being under his entire responsibility.
12.2 It is expressly stipulated that liane-joaillerie / Liane Fleischer shall in no way be held responsible, in any way whatsoever, in the event that the Customer's computer equipment or electronic mailbox rejects, for example due to an anti-spam system, the electronic mail sent by liane-joaillerie / Liane Fleischer, including but not limited to the copy of the payment receipt, the order summary or the shipment tracking e-mail.
ARTICLE 13: APPLICABLE LAW - LITIGATION
13.1 These GTCS are governed and interpreted in accordance with French law, without considering the principles of conflict of laws.
13.2 In the event of a dispute arising from the interpretation and/or execution of these GTCS, the Customer and liane-joaillerie / Liane Fleischer undertake, prior to any recourse, to use their best efforts to find an amicable solution.
In case of persistent disagreement, the Customer is invited to submit the dispute to a mediation procedure under the conditions provided for in article 1.4 of the GTCS.
If this mediation procedure fails or if the Customer wishes to bring the matter before a court, the rules of the Code of Civil Procedure shall apply.