OBJET
The General Terms and Conditions of Sale set forth below determine the rights and obligations of the Parties in connection with the online sale of Ciléa jewelry on its website www.cileabijoux.com. They are an integral part of the contract between the Consumer and Ciléa Bijoux.
The Consumer shall declare that he has read all of these GTCs, accepting them without restriction or reservation. The customer has the right to object to these GTC. The Consumer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract.
Ciléa Bijoux reserves the right to modify the content of these clauses at any time. The terms and conditions applicable are those in effect on the date of the first payment for the order. It is the customer's responsibility to consult and accept the GCS at the time of order validation.
Unless proven otherwise, the information recorded by Ciléa Bijoux constitutes proof of all transactions.
1. SALES POLICY
1.1 Ciléa Bijoux offers products for sale on the website www.cileabijoux.com (hereinafter referred to as the Site) by practicing its own e-commerce activity and exclusively towards end users (hereinafter referred to as Consumers).
1.2 Ciléa Bijoux sells the products present on its distance selling site only at retail and to End Consumers. Ciléa Bijoux reserves the right to reject any and all orders that do not correspond to a retail sale and, more generally, any orders that are fraudulent or presumed to be fraudulent. Ciléa Bijoux reserves the right to limit the quantities of an item delivered to any one Consumer or postal address. Prior to placing an Order, the Consumer affirms that the purchase of products on the Ciléa Bijoux website is not directly related to any commercial activity and is limited to strictly personal use. For the purposes of these General Terms and Conditions of Sale, the Consumer and Ciléa Bijoux are individually or collectively referred to as the Parties.
1.3 These Terms and Conditions govern only the offer, transfer and acceptance of orders to purchase products on www.cileabijoux.com.
1.4 Acceptance of these General Terms and Conditions of Sale implies full and unreserved acceptance by the Consumer.
1.5 The Site www.cileabijoux.com is accessible to all users of the Internet in principle, at any time except for interruption, programmed or not, by Ciléa Bijoux or its service providers, for the needs of its maintenance, security and/or in case of Force Majeure (as defined below). Ciléa Bijoux shall not be liable for any damages whatsoever resulting from the temporary unavailability of the Site.
1.6 Ciléa Bijoux does not warrant that the Site will be free from defects or errors or that it will operate without failures or interruptions. It may thus freely determine, at its own discretion, any period of unavailability of the Site or its content. Ciléa Bijoux cannot be held responsible for problems with data transmission, connection or network unavailability.
1.7 Ciléa Bijoux reserves the right to make changes to the Site for technical or commercial reasons. When these modifications do not substantially alter the conditions of the provision of services, the Consumer may, if he so wishes, be informed of the modifications made. However, acceptance is not required.
2.TO BUY ON THE CILÉA E-BOUTIQUE
Listed below are the terms and conditions for purchasing a product on the entire Site :
2.1 Make your selection by browsing the site.
2.2 Click on an image to view details of the selected product.
2.3 Click on " Add to cart " to save the product in the desired size and quantity.
2.4 Check the nature of the items added to your basket.
2.5 To delete an item, click on the trash icon. To change the desired quantity of items, modify the quantity and click on "Update".
2.6 You can then finalize your order or choose to continue shopping.
2.7 In order to finalize the contract for the purchase of one or more products on the Site, you must complete the order form proposed by the Site by following the instructions.
2.8 The contract is concluded when Ciléa Bijoux receives your order form by telematic means and when the order data has been checked for accuracy.
2.9 Before proceeding with the purchase of products by transmitting the order form, you will be asked to carefully read the General Terms and Conditions of Sale.
2.10 By transmitting the order form electronically, you accept the General Terms and Conditions of Business and agree to be bound by them in your dealings with Ciléa Bijoux. If you do not agree with any of the terms indicated in the Terms and Conditions, please do not transfer your order form for the purchase of products on www.cileabijoux.com and contact us by email via the contact form.
2.11 The order form will be archived in our database for the time required to dispatch orders and in accordance with legal deadlines. You can access your order form in the "My account/View all orders" section.
2.12 Before transmitting the order form, you will also be asked to detect and correct any data entry errors.
2.13 French and English are the only languages available for the conclusion of a contract with Ciléa Bijoux.
2.14 Once the contract has been concluded, Ciléa Bijoux will take charge of your order.
2.15 Once the contract has been concluded, Ciléa Bijoux will send you, by e-mail, a receipt of your order, containing a summary of the information entered on the order form (General Terms and Conditions of Sale, information relating to the essential characteristics of the product and detailed indication of the price, means of payment, your right of return and delivery costs).
2.16 Ciléa Bijoux reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
2.17 Ciléa Bijoux will also be entitled to refuse any order made by a Consumer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these GTC. Ciléa Bijoux will inform the Consumer by telephone or e-mail.
2.B BUY A CUSTOMIZED PRODUCT ON THE CILÉA E-BOUTIQUE
2.B.1 Contact us by e-mail at bonjour(at)cileabijoux(dot)com, specifying your request.
2.B.2 Ciléa will respond within 7 days. After several exchanges identifying the consumer's request, an estimate will be sent.
2.B.3 The consumer is free to accept or reject the quotation. If the quotation is approved, it will take effect once the full amount has been paid.
2.B.4 During the custom manufacturing process, the customer will receive at least one photo of the product's progress. With each photo received, the product manufacturing process is paused until the consumer validates the product photo. Production time varies according to consumer response time. Any changes requested after validation may result in additional charges and longer delivery times. Once production has started, no cancellation or modification of the order will be possible. As the product is made-to-measure for the consumer, it cannot be reused or resold by Ciléa Bijoux.
2.C BUY A PRODUCT WITH PERSONALIZED COLOR ON THE CILÉA E-BOUTIQUE
2.B.1 Contact us by e-mail at bonjour(at)cileabijoux(dot)com, specifying your request.
2.B.2 Ciléa will respond within 7 days. After several exchanges identifying the consumer's request, an estimate will be sent.
2.B.3 The consumer is free to accept or reject the quotation. If the quotation is approved, it will take effect once the full amount has been paid.
3. PRODUCT WARRANTY AND PRICE INDICATION
3.1 Ciléa Bijoux does not sell used, defective or substandard products.
3.2 The Products offered for sale are those described on the Site on the day the Consumer consults the Site, while stocks last. These indications are updated automatically in real time. However, Ciléa Bijoux is not liable for any errors in the content of this website, regardless of their origin. In this respect, Ciléa Bijoux may be held responsible for the cancellation of an order for a Product due to the exhaustion of stocks.
3.3 The images and colors of the products offered for sale on the Site may not correspond exactly to the actual colors due to a retranscription altered by the Internet browser or screen used by the Consumer.
3.4 Ciléa Bijoux does not warrant the accuracy or security of any information transmitted or obtained through the Site. It is possible that errors may be present on the Site, which the Consumer acknowledges and accepts.
3.5 Product prices may be updated at any time. Check the final sales price before sending the order form.
4. PAIEMENTS
4.1 The prices displayed on the site are in Euros, all taxes included (French VAT and other taxes applicable on the day of the order). Packing, order processing and postage costs are indicated before the order is validated.
4.2 For deliveries outside the European Union, the Consumer must pay any customs duties or other taxes due on the importation of the products into the country of delivery. The related formalities are also the exclusive responsibility of the Consumer. The Consumer is solely responsible for verifying the possibility of importing the Products ordered with regard to the laws of the territory of the country of delivery.
4.3 Ciléa Bijoux 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 of the registration and payment of the Order, subject to availability.
4.4 Payment for purchases is made via Paypal, the secure platform of our payment service provider Stripe, or by bank transfer. Ciléa Bijoux has no access to the customer's bank details and does not store them on its servers.
4.5 For the payment of the price of the Products and the shipping costs, The Consumer expressly acknowledges that the communication of his/her
4.6 The data recorded and stored by Ciléa Bijoux constitute proof of the Order and of all sales made. The data recorded by Paypal or Stripe constitute proof of any financial transaction between the Consumer and Ciléa Bijoux.
5. SHIPMENTS AND RETURNS
5.1 Deliveries are made by Chronopost, Colissimo, La Poste and Mondial Relay services, from Monday to Saturday, depending on the option chosen by the Consumer when validating his/her Order.
5.2 Delivery is equivalent to the transfer of physical possession of the Product(s) to the Consumer (the "Delivery").
5.3 Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery and Returns" section.
5.4 The risk of loss or deterioration of the Product is transferred to the Consumer at the time of Delivery.
5.5 By exception, the risk is transferred to the Consumer upon delivery of the Product to the carrier when the carrier is entrusted with the transport by the Consumer and not by Ciléa Bijoux.
5.6 Delivery is made to the delivery address indicated by the Consumer, it being specified that this must be the address of residence of the Consumer, of a natural or legal person (at the place of business) of his choice or of a legal person. Delivery cannot be made to hotels or post office boxes.
5.7 In case of impossibility of delivery, due to an erroneous delivery address or failure by the Consumer to collect his Order from the selected collection point or chosen transport provider, no reshipment can be made and the Consumer will be reimbursed the full price of the product, but not the shipping costs incurred, within five (5) days of receipt of the Order by Ciléa Bijoux.
5.8 Ciléa Bijoux delivers the Orders within a maximum of fifteen (15) working days for a Delivery in Metropolitan France. This period extends to thirty (30) working days for international delivery. All the above delivery times are calculated from the first working day following validation of the Order.
5.9 In order for these deadlines to be met, the Consumer must ensure that he has correctly communicated all accurate information concerning the Delivery address, including, inter alia, the
5.10 Ciléa Bijoux shall not be held liable for non-performance of the contract in the event of force majeure as defined by French case law. Cases of force majeure include strikes, fires, natural disasters, pandemics, social unrest or any other unforeseeable, irresistible and external event preventing the normal performance of the contract. Definition of major forces in point 6.10.
5.11 If the delivery times indicated above are exceeded, the Consumer may request cancellation of the sale and obtain a full refund of the sums paid for the Order within fourteen (14) days of his request to this effect. However, Ciléa Bijoux cannot be held responsible for the consequences of a delay in delivery. No other form of compensation will be considered other than the refund of the Product by Ciléa Bijoux.
5.12 Deliveries can also be made via a Point Relais by the service provider Mondial Relay, subject to acceptance of the parcel by the selected Point Relais.
5.13 For reasons of hygiene, all sleeper earrings, pierced earrings and hoop earrings are non-exchangeable and non-refundable, except in the case of manufacturing defects.
5.14 " Sur-Mesure " products made especially for customers are not refundable.
5.13 Contact
For any inquiries or possible complaints, you can contact Ciléa Bijoux by email at bonjour@cileabijoux.com.
5.14 Right of withdrawal
5.14.1 In accordance with article L.221-18 du Code de la Consommation, " The non-professional Consumer has a period of fourteen (14) days to exercise his right of withdrawal from a contract concluded at a distance " with Ciléa Bijoux " without having to give reasons for his decision (...) from the day (...) of receipt of the goods by the Consumer or a third "
5.14.2 The right of withdrawal is exercised without penalty. However, the Consumer will have to bear the direct costs of returning the goods, in accordance with article L221-23 of the French Consumer Code unless the Product delivered to the Consumer is different from the Product ordered or is delivered damaged.
5.14.3 The exercise of the right of withdrawal can be made either by logging into his customer account in the "order" section, or by using and sending the model withdrawal form contained in the appendix of the General Conditions of Sale, by mail, to the following address: Ciléa Bijoux - 4 rue Legraverend, 35000 Rennes, France, or by email to bonjour@cileabijoux.com.
5.14.4 The Product must be returned in its original packaging, in its original condition, new, unworn and unwashed. The Consumer must return the Product, at his own expense and risk (unless the Product is not in conformity or presents a manufacturing defect), to Ciléa Bijoux, at the address mentioned on the withdrawal form, at the latest within 14 days following the communication of his decision to withdraw. Original shipping costs and duties/taxes are non-refundable.
5.14.5 The Consumer shall return the Order without undue delay and, at the latest, within fourteen (14) days of communicating his decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code. After this fourteen (14) day period, the sale is firm and final.
5.14.6 Ciléa Bijoux makes the refund using the same means of payment that was used to pay for the Order, unless the Consumer expressly agrees to use another means of refund. If this means of payment is inaccessible or has expired, the Consumer must contact customer service to change the method of reimbursement. This procedure is free of charge for the Consumer. Ciléa Bijoux cannot be held responsible for refunds on expired payment methods. Original shipping costs and duties/taxes are non-refundable.
5.14.7 However, Ciléa Bijoux has the right not to accept the return of products which have been altered in their essential or qualitative characteristics or which have been damaged. According to article L221-23 of the French Consumer Code, " the liability of the Consumer can only be engaged in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods. "
5.14.8 Therefore, the refund will be made only if Ciléa Bijoux has been able to recover the Products that are the subject of the return and the request for refund.
5.14.9 If the Consumer fails to comply with these GTC, Ciléa Bijoux will not be able to refund the Products concerned.
5.14.10 Right of withdrawal for custom-made products: in accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders for goods made to the consumer's specifications or clearly personalized. Consequently, jewelry made to measure or personalized according to the specific requests of the consumer cannot be returned or exchanged, except in the case of lack of conformity or hidden defect.
6. RESPONSABILITE
6.1 Ciléa Bijoux reserves the right to change the information on this website at any time without notice.
6.2 The Consumer acknowledges and accepts that Product prices may vary between the Site and stores. The Consumer acknowledges that no request for reimbursement, whether total or partial, of items purchased either on the Site or in-store may be initiated on the grounds of this price difference, other than by exercising his/her right of withdrawal under the conditions set out in these GTCS.
6.3 Limitation of liability
6.3.1 Ciléa Bijoux's liability with respect to any Product purchased on the Site is strictly limited to the purchase price thereof. Ciléa Bijoux shall in no event be liable for any of the following losses, regardless of their origin:
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- loss of data
- loss of work or management time
- image damage
- loss of chance, and in particular to order a Product,
- moral prejudice.
6.3.2 The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.
6.3.3 Ciléa Bijoux makes 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 Consumer, the software used by the Consumer to download the Content, the Site or the server that makes it available. In this respect, the Consumer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other devices in order to protect them against any bugs, viruses or other such programming routines that may prove harmful.
6.3.4 The Consumer acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data resulting from the download of such content.
6.3.5 Ciléa Bijoux is only obliged to deliver Products in conformity with the contractual provisions. Products are deemed to comply with the contractual provisions if the following conditions are met:
1. They are identical to the description and possess the characteristics exhibited on the Site;
2. They are suitable for the purposes for which products of this kind are generally designed;
3. They meet the quality and strength criteria that are generally accepted for products of the same kind, and that can reasonably be expected.
6.3.6 Thus, Ciléa Bijoux guarantees Consumers against defects in conformity and latent defects for Products for sale on the Site under the following conditions:
6.4 Legal warranties
All products sold on the Site benefit from the legal warranty of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Consumer to return defective or non-compliant Products free of charge.
6.5 Legal warranty of conformity
6.5.1 L'Article L217-4 du Code de la Consommation précise "Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility. "
6.5.2 According to Article L211-5 of the French Consumer Code," The goods conform to the contract:
1° If they are 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 that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. "
6.5.3 Lastly, Article L211-12 of the French Consumer Code specifies that " The action resulting from a lack of conformity is barred by two years from delivery of the good. "
6.6 Warranty against hidden defects
6.6.1 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 impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he known of them. »
6.6.2 Article 1648 of the Civil Code: " The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be discharged from apparent defects or lack of conformity. »
6.6.3 Within the framework of the legal guarantee of the hidden defects, Ciléa Bijoux, with the choice of the Consumer, is committed, after evaluation of the defect:
- Either to refund the totality of the price of the returned Product,
- Or to refund to him part of the price of the product if the Consumer decides to preserve the Product.
6.7 Warranty exclusions
Excluded from warranty are Products modified, repaired, integrated or added by the Consumer. The warranty does not apply to apparent defects. The warranty does not cover Products damaged in transit after delivery or as a result of misuse.
6.8 Terms and conditions of warranty
6.8.1 Under the legal warranty of conformity, the Consumer:
(i) benefits from a period of two (2) years from delivery of the good to act ;
(ii) may choose between repair or replacement of the good, subject to the cost conditions set out in Article L217-9 of the Consumer Code ;
(iii) is exempt from proving the existence of the lack of conformity of the good during the two years.
6.8.2 The legal warranty of conformity applies independently of any commercial warranty.
6.8.3 The Consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
6.8.4 For any request concerning legal warranties, the Consumer must then contact the Customer Relations Department at bonjour@cileabijoux.com ou by telephone on 02 21 07 88 60, Monday to Friday, 9am to 12pm.
6.8.5 These provisions are not exclusive of the right of withdrawal defined in Article 5.14 above.
6.9 Consequences of implementing legal warranties
6.9.1 Within the framework of the legal guarantee of conformity, Ciléa Bijoux, undertakes at the Consumer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to refund the price of the Product if the replacement of a Product proved impossible.
6.9.2 Within the framework of the legal guarantee of the hidden defects, Ciléa Bijoux, according to the choice of the Consumer, engages, after evaluation of the defect:
- either to refund to him the totality of the price of the returned Product, or to refund to him a part of the price of the Product if the Consumer decides to preserve the Product.
6.10 Force Majeures
In the event of a force majeure event preventing the performance of these GTC, Ciléa Bijoux will inform the Consumer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those normally accepted by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Ciléa Bijoux or the Consumer without compensation on either side. The Consumer's failure to pay cannot be justified by force majeure. Ciléa Bijoux shall not be held liable for any breach of contract resulting from an act of God or force majeure as defined by the jurisprudence of the French courts. Force majeure is an external, unforeseeable and irresistible event. In particular, Ciléa Bijoux shall not be held liable for any non-performance or delay in performance of Orders caused by events beyond its control ("Force Majeure").
7. RESERVATION OF TITLE
Ciléa Bijoux retains full and complete ownership of the Products sold until full payment of the full price, principal, costs, taxes and compulsory contributions included.
8. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
9. NON-RENONCIATION
No tolerance, inaction or inertia on the part of Ciléa Bijoux shall be construed as a waiver of its rights under the GTC.
10. PERSONAL DATA PROTECTION
The personal information and data collected on the site www.cileabijoux.com are necessary for the management of orders and commercial relations with customers. They are processed in accordance with the French Data Protection Act of January 6, 1978 as amended and the General Data Protection Regulation (RGPD).
The customer has a right of access, rectification, deletion and opposition to personal data concerning him. To exercise this right, the customer may contact Ciléa Bijoux by mail at the following address: Ciléa Bijoux - 4, rue Legraverend, 35000 Rennes, France, or by email to bonjour@cileabijoux.com.
11. INTELLECTUAL PROPERTY
All elements of the www.cileabijoux.com site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of Ciléa Bijoux. Any reproduction, representation, modification, publication, transmission, denaturation, total or partial of the site or its contents, is strictly forbidden without the written authorization of Ciléa Bijoux.
12. MEDIATION AND DISPUTE SETTLEMENT
In the event of a dispute, consumers can have free recourse to a mediation service.
In accordance with Article L612-1 of the French Consumer Code, consumers may also access the European online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr.
13. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to French law. In the event of a dispute that cannot be resolved amicably, the French courts shall have sole jurisdiction to hear any dispute arising from the interpretation or performance of these terms and conditions.
APENDIX 1 : MODEL WITHDRAWAL FORM
(Complete and return this form together with the
For the attention of Ciléa Bijoux, 4 rue legraverend, 35000 Rennes, France
Email: bonjour@cileabijoux.com
I hereby notify you of my withdrawal from the contract for the sale of the good(s) below:
Ordered on .................(order date) and/or received on .................(date of delivery)
Consumer's name:
Consumer's address:
Consumer's signature (only in case of notification of this form on paper)
Date:
For further information, please contact Customer Service at bonjour@cileabijoux.com.