Version of 20/06/15
ARTICLE 1: PARTIES
The present contract is concluded between ELSA VANIER & ASSOCIÉS, SAS with a capital of 18.000 €, RCS of Paris: 444.532.733, registered office: 20 rue du Commandant Mouchotte, 75014 Paris, intra-community VAT: FR16444532733, legal representative: Elsa Vanier, e-mail: firstname.lastname@example.org, tel. 01 47 03 05 00, hereinafter referred to as " the Seller ", any individual or legal entity, private or professional, private or public law, placing an order on the site www.elsa-vanier.fr ("the Site"), hereinafter referred to as " the Customer ".
ARTICLE 2: PURPOSE - SCOPE OF APPLICATION
The purpose of these General Terms and Conditions of Sale is to define the technical and financial conditions of the sales contract concluded between the Seller and the Customer.
2.2 Scope of application
These General Terms and Conditions of Sale, supplemented where applicable by special conditions, are applicable to any contract concluded between the Customer and the Seller, to the exclusion of all other conditions, in particular those of the Customer. Sales made by the Seller free of charge are also governed by these General Terms of Sale.
2.3 Acceptance of Terms and Conditions
By ticking the box " I have read and accept the General Terms and Conditions of Sale", the Customer acknowledges that he/she has previously read these General Terms and Conditions of Sale and accepts them without restriction. The sales contract between the Seller and the Customer is concluded as soon as the Customer accepts these General Terms and Conditions of Sale, subject to the condition precedent of payment of the order if the Customer pays by credit card or of the receipt of this payment if the Customer pays by cheque or bank transfer.
ARTICLE 3: CHARACTERISTICS OF THE PROPERTY AND THE OFFER
3.1 Validity of the offer
The contract offer issued by the Seller is valid only within the European Union. It is valid until new terms and conditions replacing the present ones are put online by the Seller on the Site.
3.2 Unavailability of the ordered product
If the product ordered is unavailable, the Seller will immediately inform the Customer by e-mail or by post. The sales contract will then be terminated automatically and without the intervention of a judge, without either party being able to claim any compensation.
The Seller shall reimburse the Customer within 30 days from the termination of the contract by any means of payment at the Seller's discretion.
The photographs put on line are as faithful as possible but cannot ensure a perfect similarity with the product offered, in particular with regard to colours. Moreover, as regards handcrafted products, natural stones and pearls each have their own personality, slight differences in their shape and colour compared to the photograph may exist.
The precious metals in the jewellery have been quality-controlled by the guarantee office of the Ministry of Economy and Finance, in accordance with articles 521 and 522 of the General Tax Code.
The names of the stones ordered are in accordance with the recommendations of the International Confederation of Jewellery (CIBJO). In accordance with the decree n° 2002-65 of January 14, 2005, the use of colourless fluids and heating are recognized as traditional lapidary practices in addition to the cutting and polishing of certain coloured stones, as well as the bleaching of pearls. The gems may have been subject to these embellishment practices. Any other intervention is indicated by the mention "treated".
Concerned about the provenance of its stones, the Seller supports the Kimberley Process and is committed to not supplying "conflict diamonds".
ARTICLE 4: ORDERING STEPS
The sales contract is validly concluded between the Customer and the Seller when the following steps are respected:
Step 1: Choice of product
The Customer can freely choose among the products offered for sale on the Site.
Step 2: Entering personal data
The following personal data must be communicated to the Seller using the form provided for this purpose:
- Full name, date of birth
- Contact information (telephone, e-mail, billing address and delivery address)
Step 3: Confirmation of the order
Before confirming the order, the Customer must :
- Check the chosen product, its price and payment method
- Make any necessary corrections
- Confirm your order
Step 4: Payment
After confirmation of the order, the Customer proceeds to the payment. A confirmation e-mail is sent by the Seller upon receipt of payment.
Step 5: Delivery
If the product is available, the Seller will ship the product to the Customer for final delivery.
ARTICLE 5: PRICE - PAYMENT - DELIVERY
The prices indicated on the site are in euros and include all taxes. The VAT rate applicable to any order placed on the Site is the rate in force in France at the time of the sale. In June 2020, the rate is 20%. No discount, rebate or refund will be granted to Customers.
5.2 Maximum delivery costs
|Maximum delivery costs in France||70 €|
|Maximum delivery costs in DROM-COM||100 €|
|Maximum delivery costs in the European Union||120 €|
The Products supplied by the Seller are payable in euros at the time of order. The penalties applicable in the event of late payment are those of the refi rate plus 7 points. These penalties are payable without any reminder being necessary.
The Seller will acknowledge to the Customer the payment of the order.
The payment is made :
- By credit card via the secure electronic payment platform of the Site. The secure payment system is designed and implemented by the BNP PARIBAS bank. No Customer's bank details are transmitted or recorded by the Seller. Consequently, the Seller shall not be held responsible for any malfunction of the payment platform.
- By cheque to the order of Galerie Elsa Vanier, provided that the cheque comes from a bank located in France and is accompanied by the order reference.
- By bank transfer to the account of Galerie Elsa Vanier, SAS Elsa Vanier & Associés (Bank: 30004, Counter: 02601, Account number: 00010053956, Key: 24, BIC Code: BNPAFRPPXXX).
5.4 Transfer of ownership - Delivery
The transfer of ownership of the ordered product takes place as from the complete payment of the price. The transfer of risks on the ordered product takes place at the delivery of the product.
The delivery of the product is carried out :
- For shipments to France, by the Post Office in colissimo followed or in declared value.
- For shipments to other countries of the European Union, by the Post Office in declared value, by UPS or by Fedex.
Items purchased on the Site are only delivered within the European Union. For security reasons, no order for which only a cedex or post office box address is provided can be processed. The Seller has taken out insurance for the delivery of the products with the company AXA Insurance.
5.5 Indicative delivery time
The delivery time is added to the possible manufacturing time of the object. The manufacturing time is a specific characteristic of each jewel. This delay varies between 2 weeks and 6 weeks for custom-made jewelry.
To this manufacturing time must be added the following delivery time:
|Delivery time in France||10 days|
|Delivery time in DROM-COM||12 days|
|Delivery time within the European Union||12 days|
In any case, the delivery of the product takes place within a maximum of 90 days from the effective payment of the price by the Customer. After this period, the Customer is entitled to request reimbursement of the sums paid, excluding any compensation.
5.6 Cancellation of the contract on the initiative of the consumer
The consumer may withdraw from the contract concluded with the Seller by registered letter with acknowledgement of receipt in the event that the date of execution of the service exceeds seven days. The consumer will then be reimbursed for the sums incurred by him at the time of the order.
This clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the consumer undertakes not to take legal action against the Seller and waives the right to rescind the sale as provided for in this article.
ARTICLE 6: GUARANTEE - AFTER-SALES SERVICE
6.1 Warranty on the products sold
The Seller undertakes to deliver a product in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
In the event of a lack of conformity, the Customer may demand either the replacement or repair of the purchased good, or the return of the price. However, if the Customer's choice entails a cost that is clearly disproportionate to the value of the goods or the extent of the defect, the Seller may decide to proceed in the other manner.
If the lack of conformity is minor, the sale cannot be cancelled.
If repair and replacement of the goods are impossible, the consumer may return the goods and have the price refunded or keep the goods and obtain part of the price. The same shall apply if the requested, proposed or agreed solution cannot be implemented within one month of the Customer's complaint, or if this solution cannot be implemented without major inconvenience to the Customer, taking into account the nature of the goods and their intended use.
6.2 Guarantee concerning the technical means used for distance selling
With regard to the technical means implemented for distance selling, the Seller is only bound by an obligation of means. Consequently, he can only be held responsible for a proven fault. The Seller cannot be held responsible for any loss of data, intrusions, viruses, service interruptions or other technical problems.
6.3 After-sales service
Complaints should be sent to the Seller by e-mail to email@example.com. The Seller will respond to Customers by e-mail within a reasonable time.
The Customer may return a "custom-made" item. However, as this order is specifically adapted to the Customer, the Seller shall retain 50% of the total amount of the order.
If the Customer has not obtained the information or answers desired, he may contact the Seller by telephone on +33 147030500 from 12:00 to 18:00 from Tuesday to Friday.
ARTICLE 7: RIGHT OF WITHDRAWAL
7.1 General provisions
In accordance with current legislation on distance selling, the Customer who is a 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 applicable, of the cost of return.
The period referred to in the previous paragraph shall run from the time of receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or pieces whose delivery is staggered over a defined period, the period shall run from the receipt of the last good or lot or piece. For contracts providing for regular delivery of goods over a defined period of time, the time limit shall begin to run from the receipt of the first good.
Where the 14-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
The consumer shall return the goods to the trader or to any person designated by the trader without undue delay and at the latest within fourteen days of communicating his decision to withdraw.
Where the right of withdrawal is exercised, the trader shall reimburse the consumer for all sums paid, as soon as possible and no later than fourteen days from the date on which the right was exercised. Where appropriate, the trader may defer the refund until he has recovered the goods or until the consumer has provided proof of dispatch of the goods, whichever is the earlier. Beyond that, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 121-21-4 of the Consumer Code.
Where applicable, the trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the consumer. However, the trader shall not be obliged to reimburse additional costs if the consumer has expressly chosen a more expensive method of delivery than the standard one offered.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
The right of withdrawal does not apply, in particular, to contracts for the supply of goods made to the consumer's specifications or clearly personalized.
7.2 Return procedure
Returns are only accepted for products in perfect condition, neither worn nor used, and if they are accompanied by their certificate and their complete packaging.
The customer shall inform the Seller in writing (letter or e-mail) of his wish (exchange or credit). The return costs are at the expense of the Customer. For items with a sales price including VAT of less than 600 euros, the return can be made by Colissimo with tracking. In other cases, the Seller shall send the Customer a Declared Value pouch that the Customer may use at the Post Office after having packed the item to be returned. The Post Office can insure the product up to a value of 5000 euros.
Products must be returned to the following address
Elsa Vanier Gallery
7 rue de l'Odéon
ARTICLE 8: CUSTOMER DECLARATION
The Customer declares that he/she has the necessary capacity to conclude and execute this contract.
The Customer declares that he has received from the Seller all the information and advice necessary for him to enter into this agreement with full knowledge of the facts.
The Customer declares that the information he provides to the Seller for the conclusion and execution of this contract is accurate, up-to-date, relevant and complete. The Customer shall be solely responsible for any harmful consequences of the inaccuracy of this information.
ARTICLE 9: FORCE MAJEURE - CUSTOMER'S FAULT
The Seller shall not be liable in the event of force majeure or the Customer's fault, as defined in this article:
9.1 Force majeure
Any impediment, limitation or disruption of the Site or other circumstances beyond the reasonable control of the Seller shall be considered as a case of force majeure opposable to the Customer. In such circumstances, the Seller shall be excused from performing its obligations.
9.2 Customer's fault
Any misuse of the Site, fault, negligence, omission or failure on the part of the Customer or his employees, any failure to comply with the advice given by the Seller on his Site, any disclosure or unlawful use of the Customer's password, codes and references shall be deemed to be a fault of the Customer.
ARTICLE 10: GENERAL PROVISIONS
10.1 Applicable law
The present general conditions are subject to the application of French law.
10.2 Changes to these terms and conditions
These general conditions may be modified at any time by the Seller. The general terms and conditions applicable to the Customer are those in force on the day of the Customer's order or connection to this Site, and any new connection to the Site shall imply acceptance of the new general terms and conditions, where applicable.
10.3 Amicable settlement of disputes
Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions will have to be submitted to the appreciation of the Seller before any legal action with a view to an amicable settlement.
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this agreement.
The failure of the Seller to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
10.6 Unfair terms
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
10.7 Connection costs - electronic evidence
The costs of connecting to the Website and, in general, the costs of using any remote communication technique used by the Customer to access the Seller's services shall be borne in full by the Customer.
Information, simple letters and registered letters exchanged between the parties may be transmitted by electronic means. The parties undertake not to contest the admissibility, validity or evidential value of elements exchanged on electronic media.
ARTICLE 11: DISPUTES - JURISDICTION
In the event of a dispute with a non-consumer Customer, jurisdiction is expressly attributed to the Courts of Paris, notwithstanding the plurality of defendants or the introduction of third parties, including for emergency, protective, summary or petition measures.
HOW TO CANCEL THE ORDER
IN THE CASE OF DISTANCE SELLING TO A CONSUMER
In the case of remote sales, as defined by Article L. 121-16 of the Consumer Code, within fourteen days, including public holidays, from the order or the commitment to purchase, the customer having the status of consumer has the option of renouncing it by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.
Any clause in the contract by which the customer gives up his right to renounce his order or his commitment to purchase is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 121-16-1.
If you cancel your order,
you can use the form below
Consumer Code art. L. 121-17
∗ complete and sign this form
∗ send it by registered letter with acknowledgement of receipt
At Galerie Elsa Vanier, 7 rue de l'Odéon, 75006 Paris
∗ dispatch it no later than the fourteenth day from the day of the order or, if this period normally expires on a Saturday, Sunday or public holiday, the first working day thereafter.
I, the undersigned, declare to cancel the following order:
∗ Nature of the goods or service ordered:................................................................
∗ Date of order:...............................................................................................................
∗ Customer name: ..........................................................................................................................
∗ Customer address: .....................................................................................................................
Customer's signature :
NB. The right of withdrawal does not apply, in particular, to contracts for the supply of goods made to the consumer's specifications or clearly personalised.