TERMS OF SALES
The present terms and conditions of sale are entered into on the one hand by ARTDENOUER, whose registered office is located at 115 rue Caulaincourt, 75018 Paris, and on the other hand, by any individual or legal entity wishing to make a purchase via the “www.artdenouer.com” website (the “customer”).
ARTICLE 1 – Purpose
The present conditions of sale aim to define the contractual relationship between ARTDENOUER and the customer. In other words, they specify the rights and obligations of the customer when placing an order (the “order”) on the “www.artdenouer.com” website. All orders imply irrevocable acceptance of the general terms and conditions of sale. ARTDENOUER reserves the right to modify these terms and conditions at any time. The version of the General Terms and Conditions applicable to any sale is the one appearing online on the www.artdenouer.com site at the time of the order.
ARTICLE 2 – Site registration
To place an order, the customer must first register on the site by creating an account containing the customer’s information (the “account”).The customer’s registration on the site is validated by ARTDENOUER after verification of the standard form completed by the customer. The customer receives an e-mail confirming registration. When creating an account, the customer must ensure that the information provided is accurate and complete. It is the customer’s responsibility to keep all personal information up to date. In the event of an error in the recipient’s contact details, ARTDENOUER cannot be held responsible for the impossibility of delivering products. ARTDENOUER may delete the customer’s account at any time, for any reason, at its sole discretion.
ARTICLE 3 – Products
The products offered for sale are those described on the site on the day the customer consults the site, while stocks last. This information is updated automatically in real time. However, ARTDENOUER cannot be held responsible for any error in updating, whatever its origin. The photographs illustrating our products may differ slightly from reality due to the settings on the customer’s screen and the lighting used when the photos were taken. Furthermore, as these are handcrafted creations, the items may present irregularities in finish, differences in format and/or shades inherent to this type of manufacture, which cannot be considered as major defects. The seller’s responsibility cannot be called into question, and the validity of the order cannot be affected. Finally, it is possible that the customer may receive a part returned by another person following an order. Please note that ARTDENOUER only accepts the return of undamaged and unworn products, these two conditions being checked before the returned products are put back into stock.
Article 4 – Prices
Product prices are indicated on the site in euros, including all taxes but excluding shipping costs. The total price of the order (including all taxes and delivery charges) is indicated in the basket. All prices shown are calculated inclusive of value-added tax (vat) applicable in France. ARTDENOUER reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is registered, subject to availability. Products are payable in cash when the order is placed. Payment is made via the secure platform of our partner Hipay. The customer expressly acknowledges that the communication of his/her credit card number to ARTDENOUER constitutes authorization to debit his/her account up to the price of the products ordered. If necessary, ARTDENOUER will notify the customer of the cancellation of an order for non-payment at the email address provided by the customer when registering on the site. The data recorded and kept by ARTDENOUER constitutes proof of the order and of all sales made. The data recorded by Hipay constitutes proof of any financial transaction between the customer and ARTDENOUER.
Article 5 – Orders
Taking an order on the site is subject to compliance with the procedure set up by ARTDENOUER on the site, comprising successive stages leading to validation of the order. Customers wishing to purchase a product or service must therefore:
– complete the identification form, giving all the contact details requested
– fill in the online order form, giving all the references of the products or services chosen
– validate the order after checking it
– make payment in accordance with the terms and conditions
– confirm the order and payment
Confirmation of the order constitutes a sales contract, and implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them, and waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions. A confirmation email summarizing the order (products, prices, product availability, quantities) will be sent to the customer by ARTDENOUER. To this end, the customer formally accepts the use of electronic mail for confirmation of the contents of his/her order by ARTDENOUER. Invoices are available in the “my account” section of the site.
Article 6 – Means of payment
For payment of the price of the products and shipping costs, the customer will follow the methods indicated on the order form. The customer may pay by credit card. Accepted credit cards are : CB, Mastercard, VISA®. At the time of payment, the bank requests personal information from the customer in order to verify the identity of the cardholder and validate the transaction. The customer must provide all credit card details (card number, card type, expiry date and cryptogram number). When validating the order form, the customer guarantees the seller that he/she is in good standing with the issuer of the payment card. Financial information will be transferred using an encrypted protocol to the banks providing remote electronic payment services, without third parties having access to it under any circumstances.
Article 7 – Delivery
Jewelry collection shipping. All products sold on the www.artdenouer.com e-shop belong to the jewelry collection. The immediate availability of ARTDENOUER products is guaranteed if the words “add to basket” are indicated on the product sales page at the time of purchase. All orders placed on the e-shop will generally be processed and dispatched, on average, within three weeks of receipt of payment (excluding weekends and public holidays) unless otherwise indicated by us. An e-mail will be sent to confirm order processing and shipment.
Shipment of special orders. Special orders include the creation of a custom-made piece of jewelry. Any customer wishing to place a special order must contact our customer service department to find out about the feasibility of his or her request, to receive a quotation and to be informed of shipping times. In accordance with the provisions of article l121-21-8 of the French consumer code, products corresponding to these special orders cannot be exchanged or reimbursed.
Article 8 – Delivery times
The www.artdenouer.com site delivers anywhere in the world.
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the customer’s home address, or that of a natural person of his/her choice, or that of a legal entity (delivery to his/her company). The delivery address may differ from the billing address. However, delivery cannot be made to hotels or P.O. boxes. ARTDENOUER will also leave a notice at the delivery address indicating the location of the product and the procedure to be followed for a new delivery. The customer may contact ARTDENOUER to arrange delivery at a later date. When ARTDENOUER handles the delivery of the product, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery. Deliveries are made by La Poste from Monday to Saturday. In order for these delivery times to be respected, the customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). ARTDENOUER may not be held responsible for any delay in delivery that is not due to its fault or that is justified by a case of force majeure. Delivery charges are free for France and payable for the rest of the world. In the event of damage, the purchaser must express his/her reservations precisely and clearly on the delivery note, a copy of which is sent to ARTDENOUER by La Poste or other carriers. In this respect, it is the buyer’s responsibility to check the contents, conformity and condition of the product upon delivery. Despite the care taken in preparing orders, it is possible that a product may be missing or that an error may have occurred during preparation. If you notice such an error, please notify us by e-mail at email@example.com within 48 hours of receiving your order.
Article 9 – Right of withdrawal, returns and exchanges
The customer has a period of 14 (fourteen) days to retract from his purchase, without having to give any reason whatsoever. The 14 (fourteen) day period runs from the day on which the customer or a third party designated by the customer, other than the carrier, receives the item ordered. However, we will only accept a refund for jewelry if all of the following conditions are met:
1- the product must not have been worn, used, modified, washed or damaged
2- the product must be returned in its original packaging, accompanied by the purchase invoice
3- the product must not have been custom-made
The customer must then return the product in its original packaging and condition, accompanied by the retraction form and the delivery slip initially received with your parcel, to the following address:
115 rue Caulaincourt
75018 Paris, France
Upon receipt of the products returned by the customer, ARTDENOUER will reimburse the customer for the returned item within 15 (fifteen) working days. Shipping and return costs remain at the customer’s expense. In the event that the return of the product by the purchaser is due to an error on the www.artdenouer.com website, such as a product missing from the order, a product received that does not conform to the order or a manufacturing defect in the product, we undertake to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the purchaser for the delivery of the product. The buyer must report the error by e-mail to firstname.lastname@example.org within 48 hours of receiving the order. No reimbursement will be made to purchasers who have not exercised their right of retraction in accordance with the terms of the present article.
Article 10 – Warranties
10.1 Limitation of liability
ARTDENOUER’s liability with respect to any Product purchased on the Site is strictly limited to the purchase price thereof. ARTDENOUER shall in no event be liable for any of the following losses, regardless of their origin:
– loss of income or sales
– loss of business
– loss of profits or contracts
– loss of anticipated savings
– loss of data
– loss of work or management time
– loss of image
– loss of opportunity, in particular to order a Product,
– moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.
ARTDENOUER provides no warranty with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this respect, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and any other device in order to protect it from any bugs, viruses or other such programming routines that may prove harmful.
The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data resulting from the download of such content. ARTDENOUER is only obliged to deliver Products that comply with the contractual provisions. Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must comply with the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected. In addition, ARTDENOUER guarantees consumers against defects in conformity and latent defects for Products on sale on the Site under the following conditions:
10.2 Legal warranties
All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective or non-compliant Products free of charge. However, the warranty does not cover Products modified, repaired or integrated by the Customer. The warranty shall not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time the Order was placed, in particular with regard to the information provided by ARTDENOUER. Nor will the warranty cover Products damaged after the transfer of risk to the Customer, or as a result of misuse.
10.3 Legal warranty of conformity
According to article L217-4 of the French Consumer Code: “The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.”
According to article L217-5 of the French Consumer Code: “The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is fit for any special purpose intended by the purchaser, brought to the seller’s attention and accepted by the latter.” Article L211-12: Action resulting from a lack of conformity is barred after two years from delivery of the goods. If the Customer becomes aware of a lack of conformity of the Product, within the meaning of article L. 217-5 of the French Consumer Code, he/she may exercise the legal warranty of conformity within a period of two (2) years from the delivery of the Product, and is exempt from proving the existence of the lack of conformity during this period.
Requests should be sent to the Customer Relations Department at email@example.com. When the legal warranty of conformity is invoked, in accordance with articles L. 217-9 and L. 217-10 of the French Consumer Code, ARTDENOUER undertakes :
– either to repair the Product or replace it with an identical product depending on available stocks, at the Customer’s option, unless this option entails a cost that is manifestly disproportionate for ARTDENOUER with regard to the other method, taking into account the value of the Product or the importance of the defect;
– or to reimburse the price of the Product if repair or replacement of a Product proves impossible for ARTDENOUER.
10.4 Warranty against hidden defects
According to article 1641 of the French Civil Code: “The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them”.
Article 1648 paragraph 1 of the French Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. The claim must be sent to the Customer Relations Department at firstname.lastname@example.org. When the warranty against hidden defects is invoked, ARTDENOUER undertakes, according to the Customer’s choice and after evaluation of the defect :
– refund the full price of the returned Product,
– or to reimburse part of the price of the Product if the Customer decides to keep the Product.
In addition, ARTDENOUER provides these guarantees for jewelry sold by the Company as long as the product is used by the Customer under normal conditions and follows the announced care recommendations (“Remove it before washing your hands, showering or going to bed. To prevent natural oxidation, store in its case. Avoid contact with water, creams, perfumes and chemicals”). It is reminded, as necessary, that damage, deformation and destruction of products resulting from external forces, shocks or defects in handling and maintenance are not covered by this warranty. Any such damage will give rise to a repair estimate, and, if the Customer accepts the estimate, to invoicing for the repair.
Article 11 — Customer service
For any request for information or complaint, the Customer may contact Customer Service at the following address: email@example.com
Article 12 — Applicable law, jurisdiction and mediation
The sale of Products is subject to French law. The choice of French law cannot, however, deprive a consumer Customer residing outside France of the application of the mandatory consumer protection provisions of the law of the country in which the Customer has his or her habitual residence, provided that ARTDENOUER carries out its activity or directs its activity towards this country. In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to Customer Services at firstname.lastname@example.org. In the event of a complaint that has not been amicably resolved by the Customer Service Department, and for a period of one (1) year, the Customer may have recourse, free of charge, to the CM2C mediation service, of which ARTDENOUER is a member, by e-mail to email@example.com or by post to: CM2C – 14 rue Saint Jean – 75017 Paris, in accordance with article L. 612-1 of the French Consumer Code. The Ombudsman Service may be contacted for any consumer dispute which has not been settled amicably. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any court with legal jurisdiction.