Terms and conditions of sale
Corporate Information
In accordance with the provisions of law 2004-575 of 21st June 2004 and article L111-2 of the Consumer Code, the company CLAIRE DE DIVONNE provides the following information to all users of the site http://www.clairededivonne.fr, an electronic commerce site offering the products manufactured by the registered brand CLAIRE DE DIVONNE for sale:
The Website http://www.clairededivonne.fr is published by CLAIRE DE DIVONNE, SARL, registered with the Paris Register of Companies under the number 445 340 854, with share capital of 6,500 euros, whose Head Office is located at 38 rue du Mont Thabor, 75001 PARIS. Telephone number: 01 56 58 27 39; E-mail: service-client@clairededivonne.fr
The director and manager of publication is Mrs Claire de la FOREST de DIVONNE, acting in her capacity as CLAIRE DE DIVONNE Company Manager.
The site is hosted by the company 2exVia, a multimedia communications agency at 28 rue du general de Gaulle, 67205 OBERHAUSBERGEN.
Article 1 – PURPOSE
These Terms and Conditions of Sale apply exclusively to orders and sales contracted between CLAIRE DE DIVONNE and a private user (or purchaser) via the Website accessible at the address: http://www.clairededivonne.fr
The goods are for the personal use of the user and may not in any way be resold.
The terms and conditions cover all the stages involved in placing and executing an order.
The parties agree that their relationship shall be subject exclusively to these Terms and Conditions of Sale, as available on the Site on the day that the order is placed, to the exclusion of all other documents.
These Terms and Conditions of Sale supersede all general conditions and may be amended by CLAIRE DE DIVONNE.
The user may download or print these terms and conditions of sale, on condition that the user does not change them.
Article 2 – ACCEPTANCE
The user declares and acknowledges that (s)he has read these Terms and Conditions of Sale before placing any order and that (s)he has had the possibility of keeping and/or duplicating these Terms and Conditions of Sale.
Validation of any order is deemed to represent explicit, irrevocable acceptance of these Terms and Conditions of Sale, and is not conditional on the user’s handwritten signature (articles 1316 to 1316-4 of the Civil Code).
Article 3 – PRESERVATION OF PROOF
In the absence of proof to the contrary, the information recorded by CLAIRE DE DIVONNE shall constitute proof of all contracts and orders concluded between the user and CLAIRE DE DIVONNE.
In accordance with the applicable regulations, all orders over the amount of 120 Euros shall be preserved and stored in records by CLAIRE DE DIVONNE using a trustworthy, durable medium, for a period of 10 years after the date of delivery (article 132-4 of the Consumer Code).
Within the framework of the above provisions, a copy of the order may be requested, as and when required during this period from CLAIRE DE DIVONNE by the person initially placing an accepted order, subject to proof of his or her identity as purchaser. This copy shall be an electronic version and be sent to the email address of the person making the request.
Article 4 – DESCRIPTION AND PRESENTATION OF GOODS
A basic description and a photograph of each product are directly accessible by the user on the following Website: http://www.clairededivonne.fr
CLAIRE DE DIVONNE is committed to providing the most complete description possible of the goods offered for sale and will make every effort to ensure that the photographs of the goods featured on the Site are as close a likeness as possible to the products.
However, photographs of jewels are for illustration purposes only, as the nature of the minerals from which they are manufactured make each product unique.
CLAIRE DE DIVONNE may not be held responsible for any apparent difference in shape and colour between the photographs and the goods themselves.
In this respect, it should be noted that the greatest care is taken when selecting the stones and that existing internal features are due to the nature of the material and in no way constitute a defect or imperfection.
The specific characteristics of each product are detailed in the product description, which should be consulted. They are detailed again when an order is placed or at the latest on delivery.
Article 5 – PRICE
The prices of the goods are given in Euros inclusive of taxes and do not include any delivery or transport costs, which are specified separately.
CLAIRE DE DIVONNE reserves the right to modify its prices at any time. Goods already ordered are invoiced on the basis of prices applicable at the time of order, on condition that the goods are available on that date.
Postage and packing costs are not included in the prices indicated. These costs are detailed and invoiced to the user as soon as his order is confirmed.
The company CLAIRE DE DIVONNE is not responsible for customs duties, other local taxes and import or state taxes that may be required for products shipped from the European Union.
CLAIRE DE DIVONNE retains full ownership of the products until receipt of full payment of each order by CLAIRE DE DIVONNE.
Secure payment via PayPal is possible after confirmation of order.
Article 6 – PLACING ORDERS
An order is accepted only after validation by the user.
Orders are considered irrevocably issued and accepted after CLAIRE DE DIVONNE has sent acknowledgement of receipt of order by email to the user, in line with appropriate statutory requirements.
It is not possible to cancel an order once this confirmation of order has been sent.
A user wishing to place an order must:
Article 7 – AVAILABILITY
Goods are available and prices are applicable on condition that they are visible on the site www.clairededivonne.fr and while stocks last.
Product availability may change very quickly due to fluctuations in sales and CLAIRE DE DIVONNE may in no way be held responsible if the actual availability of a product is different from that indicated to the user.
ARTICLE 8 - METHODS OF PAYMENT
The user is considered to have purchased the goods as soon as (s)he has validated payment.
Payment is due with order.
The total cost of the good(s) ordered is payable by the purchaser on confirmation of order, using one of the following methods of payment:
When an order has been confirmed, the purchaser is automatically redirected to the secure payment interface of his or her Paypal account in order to make the payment.
CLAIRE DE DIVONNE reserves the right to refuse an order from a purchaser with whom the company is in dispute and to suspend any order or delivery if authorisation of payment is refused.
Article 9 – ORDERS AND DELIVERY TIMES
Unless specifically stated otherwise for each product, or if a longer delivery time is necessary, orders will be delivered to the address specified when the order is placed and within 30 days after confirmation of order is sent from CLAIRE DE DIVONNE to the purchaser (article L121-30-3 of the Consumer Code).
Delivery is deemed to take place on the date when the goods are first presented to the delivery address supplied.
CLAIRE DE DIVONNE will inform the purchaser by email that the order has been sent.
The product ordered is delivered by post (or other means) at the sole initiative of the vendor and to the address mentioned on the order form.
All reservations concerning delivery and reception of goods must be notified to the carrier within the appropriate statutory periods. If the customer finds that the parcel has been opened or that it has been damaged or spoilt during transportation, (s)he has the obligation to refuse the parcel and note the reasons for the refusal on the delivery slip.
Article 10 – COOLING OFF PERIOD
In accordance with article L. 121-20 of the Consumer Code, the purchaser may, within a period of 7 working days from the date of delivery of his or her order, return any article that (s)he considers unsuitable and request a full refund, without penalty, except for the cost of returning the goods.
The goods must be returned in “as new” condition in their original packaging, by registered Colissimo or similar means of posting, with a copy of the invoice.
No COD delivery will be accepted for any reason.
Refund:
If the purchaser requires a refund, (s)he must follow the procedure detailed above, specifying the goods involved. Confirmation will be sent to the purchaser by email as soon as the goods returned have been received and processed.
Refunds will be made using all appropriate methods of payment within 30 days after CLAIRE DE DIVONNE has received the request to exercise the right of cancellation, on condition that the goods have been returned to CLAIRE DE DIVONNE.The amount refunded to the purchaser shall be equal to all sums paid to cover the cost of the goods purchased and any outward delivery costs. The cost of returning the goods shall be borne by the purchaser.
Article 11 – GUARANTEE
Products offered for sale on the Site are subjected to the statutory guarantee laid down in articles 1641 and following of the Civil Code. No guarantee applies for cases of wrongful use, negligence or lack of maintenance by the purchaser, nor for normal wear and tear or force majeure (act of God) as understood in French case law.
If a product that has been delivered has a hidden defect, CLAIRE DE DIVONNE agrees to refund the cost of the goods and any delivery costs to the purchaser or to exchange the goods for any identical goods or goods of equivalent quality and price, according to the preference of the customer and subject to availability of the goods concerned.
Article 12 – RESPONSIBILITY
CLAIRE DE DIVONNE has a simple duty of care with regard to its online sales procedures. It is not liable for any material, immaterial or physical damage resulting from inappropriate use of the goods marketed. The same condition applies to damage resulting from use of the Internet, such as data loss, intrusion, virus, loss of service or other problems beyond the control of the company.
CLAIRE DE DIVONNE may not be held liable for failing to meet its obligations, in whole or in part, if this failure is caused by an event constituting force majeure (act of God) related to circumstances beyond its reasonable control, unforeseeable circumstances or external circumstances, with specific reference to natural disasters or weather emergencies declared as such, strikes by logistics companies, or any other event likely to disturb the movement of goods or information flows.
Article 13 – PERSONAL INFORMATION
Information and data concerning individuals placing orders are necessary for order administration purposes and the management of sales relations.
This information and data is also kept for security purposes in order to comply with the statutory requirements outlined in these Terms and Conditions.
In accordance with the Law of 6th January 1978 concerning Freedom of Information, the user has right of access and the right to correction or removal of his or her personal information. This should be requested in writing to the address below, supplying proof of identity:"service-client@clairededivonne.fr"
Article 14 - INTELLECTUAL PROPERTY RIGHTS
Article 15 – GOVERNING LAW AND LEGAL JURISDICTION
These Terms and Conditions of Sale are published in the French language and the contractual relationships between the parties are governed by French law.
The French lawcourts have sole authority to rule on litigation and disputes.