GENERAL CONDITIONS OF SALE
These general conditions of sale govern the commercial relationship between the owner and operator of the website www.preciouslyparis.com, Mrs Carole Tessier, self-employed, identified under Siret number 81 279 980 700 019, domiciled at 4 Rue de Ponthieu, 75008 Paris, hereinafter referred to as ‘Preciously Paris’ or ‘the Vendor’, and The person who has accepted these GCS, hereinafter referred to as ‘the Customer’ or ‘the Purchaser’ or ‘consumer’. The Vendor and the Purchaser are hereinafter jointly referred to as ‘the Parties’. The Parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any condition previously available on the website of the Vendor and all other documents, prospectuses, catalogues or photographs of products, which have an informative value only. These GCS are enforceable on the consumer, who, by ticking the relevant box, acknowledges that he has read and accepted them before placing his order. His validation of the order by confirming it is deemed to be acceptance by the purchaser of the GCS applicable on the date of the order, the protection and reproduction of which are ensured by the Vendor in compliance with Art. 1369-4 of the French Civil Code. The GCS and the information relating to the order are in French. The Vendor reserves the right to modify her GCS at any time. In the event of a modification to the GCS, the applicable GCS are those that apply on the date of the order, a copy of which, dated on such date, can be given to the consumer on request. The online sale offers presented on the www.preciouslyparis.com website are reserved for consumers residing in France, in a country that is a member of the European Union or overseas. They are not for professionals, who must, consequently, contact Preciously Paris for any order. The Purchaser declares that he has legal capacity and is at least 18 years old on the date the order is placed.
Article 1 - Order
The products offered for sale by Preciously Paris are presented on the www.preciouslyparis.com website with a descriptive photo and a statement of their essential features within the meaning of Art. L.111-1 of the French Consumer Code. Preciously Paris guarantees the quality of its products and their essential features. On the other hand, Preciously Paris is not liable for minimal differences that may exist between the photograph of the product and its actual aspect. The prices, volumes and quantities offered for sale are those presented on the customer’s screen at the time he places his order on the Internet. The online sale offers presented on the website are valid, in default of any specific statement on duration, insofar as the products are contained in the electronic catalogue and within the limits of available stock. The customer has the possibility of verifying the details of his order and total price and correcting any errors before confirming it and finalizing the order through payment. The window used by the consumer to validate his order contains the clear and readable statement: ‘order with obligation to pay’ or a similar phrase, being unambiguous and stating that the placing of an order creates the obligation to pay. Once the customer has registered and validated the order, he is considered as having accepted, having received all relevant information and without reservation, the prices, volumes and quantities offered for sale and ordered. When ordering, the Purchaser undertakes to provide correct and up-to-date information. Receipt by the Vendor of the customer’s order will be confirmed by email. Preciously Paris undertakes to inform the customer by email if an ordered product is unavailable. The acceptance of the offer by the consumer is validated by confirming the order using a double-click procedure. The Vendor reserves the right to refuse any order on legitimate grounds and, more specifically, if the quantities of product ordered are abnormally high for retail purchasers. The Purchaser must be the holder of the bank card that he uses to make the payment for the ordered product and, in default, guarantees the Vendor that he has the holder’s authorisation.
Article 2 - Prices
The prices of the products offered on the website are in euro. All orders, no matter what their country of origin, are payable in euro. The sale prices for products are those that apply at the time of the registration of the order, not including transport costs. The sale prices for the products can be changed at any time due to the occurrence of external events. The delivery costs are payable by the customer and are invoiced in addition to the price of the products depending on the size of the order. The delivery costs will be provided when the order is registered. Supplementary delivery costs may be charged for deliveries outside France.
Article 3 - VAT and taxes
The prices stated include, by default, French VAT. For customers living overseas, the prices are recalculated, from the time the customer identifies himself on the website, according to the address stated. Products that are ordered by a purchaser in a EEC country are subject to French VAT. Outside the EEC, our products are invoiced VAT excluded. However, in the event of an order from a country other than France, the customer is an importer of goods. Customs, local taxes, importation duties or State taxes may be payable. Such duties and sums are payable by the customer and for which he is fully liable, both in terms of declarations and payment to the competent authorities and/or organisations in his country.
Article 4 - Payment
Ownership of the goods and the related risks are transferred to the customer the moment he takes possession of them. The sums relating to products ordered by the customer on the Preciously Paris website are payable on validation of the order by the customer. Payments may be made by bank card or cheque. For payments by bank card: Payments are made by bank cards bearing the CB sign (Visa, Mastercard, Amex, PayPal, Bitcoin). The order will be finalized by the online payment, which requires the customer to provide his bank card number, expiry date and the last three numbers on its reverse side. The customer specifically acknowledges that the provision of his bank card number is an authorization to debit his account by the amount owed for the products delivered. In the event of payment refusal by the customer’s bank, the order will be cancelled. Online payments of orders are secured by the Braintree secure payment system. Only this organization is authorized to obtain bank account details from customers of Preciously Paris. The Braintree company guarantees the security of banking transactions and the absolute confidentiality of the bank account details that are sent to it. For payments by cheque: The customer must send the cheque to: Preciously Paris, Mrs Carole Tessier, 4 Rue de Ponthieu, 75008 Paris. Payments by cheque must be accompanied by the order form and sent to Preciously Paris. The order will be sent after the receipt and banking of the cheque. Consequently, in the event of a payment by cheque, a period of approximately 10 days is to be added to the normal delivery period for the sending of the order. The contract can be cancelled by the Vendor in the event of: - a refusal by the purchaser to take delivery; - non-payment of the price (or the balance of the price) by the purchaser at the time of delivery. The vendor reserves the right, in the absence of payment of the price, to claim its payment, suspend the delivery or lawfully terminate the contract.
Article 5 - Validation of the order
The sale contract is entered into at the time the consumer sends confirmation of his order and pays the price in full. The archiving of communications, order forms and invoices is effectuated using a reliable and durable media that constitutes a faithful and durable copy in compliance with Art. 1348 of the French Civil Code. Such communications, order forms and invoices may be produced as proof of the contract. As a measure of security for its users and in order to prevent attempted fraud, Preciously Paris reserves the right to verify the validity of payments made by any purchaser with the relevant organizations. In addition, Preciously Paris reserves the right to request or require supplementary information or request that the method of paying for orders is changed. These security measures are aimed at protecting purchasers against any attempted fraud.
Article 6 - Delivery
6-1. Delivery costs
The conditions for delivery and postage costs apply only to France. If a customer lives overseas, the prices are recalculated according to the stated address from the moment that the customer has identified himself on the website.
6-2. Delivery periods
Preciously Paris undertakes to send the order as soon as possible after it has been placed, to which should be added the delivery time taken by the organization responsible for the delivery. The delivery of the order will be made by Fedex or DHL, depending on the foreign country. From the time that the post office receives the package, the customer generally receives it within a period of 48 hours, subject to post office warehouse hours, EXCEPT in relation to orders that require delivery outside France. The customer will be informed that his order has been sent and he will be sent a tracking number that will enable him to monitor the sending by connecting to the websites http://www.dhl.fr or http://www.fedex.com. Taking account of the time for preparation, sending and delivery of the order by the Post Office, Preciously Paris undertakes that its customers will be delivered within a maximum period of 30 days from the finalization of the order and its payment in full. In the event of non-compliance with such limits, non-professional customers can cancel the sale under the conditions provided in Art. L.138-2 of the French Consumer Code. The customer will then be reimbursed under the conditions provided in Art. L.138-3 of the French Consumer Code.
6-3. Place of delivery
The delivery will be made to the address provided by the customer when ordering. The customer undertakes to provide the fullest possible details of his address and any supplementary information required. Preciously Paris cannot be liable in the event of a delivery failure associated with incorrect or obsolete information provided by the customer.
6-4. Delivery problems
6-4-1. Products not in stock
Because each product is crafted to order, there cannot be a situation where an ordered product is not available. The client must pay the price in full at the time of the order. Once the product is completed, the client will be delivered within 30 days, as per article 6.2
6-4-2. Delivery reservations
On receipt of the product ordered, the customer must verify the product and, if applicable, state, in the form of handwritten reservations together with a signature, any relevant anomaly on the delivery form. The phrase ‘subject to removal from packaging’ has no legal value. Consequently, the customer must write the details of the precise reservations that he intends making in relation to the delivery of his order on the delivery form (precise indication of damage suffered by the package and its contents). Such reservations must, moreover, be confirmed by sending the Vendor a registered letter with acknowledgment of receipt within 48 hours of receipt of the package. Preciously Paris declines any liability in the event of non-compliance with these various formalities by the customer.
Article 7 – Right to withdraw
The right to withdraw does not apply for made-to-order and significantly customised products (such as initials, special occasion, custom embroidery on the product). As all products made by PRECIOUSLY PARIS are made to order, the client does not have a right to withdraw.
Article 8 - Cancellation of the order
No total or partial cancellation of an order can be accepted.
Article 9 - Guarantee
In compliance with the French Consumer Code and the French Civil Code, Preciously Paris undertakes to deliver products that comply with their normal use free of any hidden defects. For such purpose, the Vendor will be responsible for conformity defects in the products that it delivers. All products provided by the Vendor benefit from the conformity guarantee provided for in Arts. L.211-4 to L.211-14 of the French Consumer Code and the hidden defects guarantee provided for in Arts. 1641 to 1649 of the French Civil Code (cf. below). In relation to such guarantees, the vendor undertakes to either reimburse the purchaser or exchange any defective products or those that do not correspond to his order, at the purchaser’s choice. Article L.211-4 of the French Consumer Code: The vendor is required to deliver a product that conforms with the contract and be responsible for defects in conformity existing at the time of delivery. Article L.211-5 of the French Consumer Code: In order to conform with the contract, the product must: 1. Be able to be used in the manner normally expected for a product of such type and, if applicable: - correspond to the description given by the vendor and have the qualities that were presented to the purchaser in the form of a sample or model; - present the qualities that a purchaser may legitimately expect having regard to public statements made by the vendor, the manufacturer or its representative, in particular in the advertising or labelling; 2. Or present the features mutually defined by the parties or be able to be used for the specific purpose sought by the purchaser, which the vendor has been informed of and has agreed to. It is also responsible for conformity defects resulting from the packaging, the assembly instructions or the installation where it is responsible for them under the contract or they have been carried out under its liability. Article L.211-12 of the French Consumer Code: Proceedings resulting from a conformity defect are time-barred two years after delivery of the product. Article 1641 of the French Civil Code: The vendor is bound by the guarantee against hidden defects in the item sold that render it unable to be used for its normal purpose or where such use is sufficiently reduced such that the purchaser would not have acquired it or would have paid a lesser price if he had being aware of them. Article 1648 of the French Civil Code: Proceedings resulting from hidden defects must be commenced by the purchaser within a period of two years from discovery of the defect. Claims made under the guarantees must be sent by letter to the after-sales service email@example.com or Preciously Paris, 4 Rue de Ponthieu, 75008 Paris, France - +33.1.55.04.89.11 The products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
Article 10 - Exclusion from liability
Certain events outside the control of the Vendor that may delay, prevent or render exorbitant the fulfilling of the order or delivery are specifically agreed to constitute a cause for the suspension or termination of the contract, at the Vendor’s discretion, without compensation to the customer. The following are considered to be events that release the Vendor from its obligation to deliver within the periods provided in this Article: force majeure, war, riot, fire, strikes, accidents, impossibility to be supplied and any other event that renders it impossible to fulfil the order. In the event of the occurrence of such event rendering it impossible to fulfil the order, the Vendor undertakes to notify the customer by email and offer the latter a choice between a new date for the sending of the order or its reimbursement within a period of 15 days from the reply from the customer.
Article 11 - Applicable law and competent courts
The relationships between the Vendor and its customers are governed by these general conditions of sale and French law. In the event of difficulties or claims in relation to an order placed on the Vendor’s website, the customer must contact the customer manager at the email address firstname.lastname@example.org in order to jointly reach a settlement. In the event of a dispute, the parties agree to resort to mediation in order to attempt to find an amicable solution to their dispute and bring court proceedings only in the event that mediation is unsuccessful. All disputes relating to the fulfilment of an order or the interpretation of these general conditions of sale will, unless otherwise provided for under general law, be filed in the competent French courts.