General Terms and Conditions

Effective for all orders placed on or after 02/11/2013

The Site offers for sale a collection of jewelry (rings, earrings, necklaces, etc.)

The metals used are 18 carat (750/1000) yellow gold and stainless steel.

During your visit to the Site, you have the opportunity to learn about each product, by clicking on the photograph presented, which results in the display of a dedicated page including a more precise photograph and a text describing the main characteristics of the product in question.

ARTICLE 1: OBJECT

1.1 The purpose of these general conditions of sale, or “CGV”, is to establish the terms and conditions of distance selling and delivery of one or more products, as described on the Site as well as in the preamble, and hereinafter defined by the term “Bijou(x)”.

The General Conditions of Sale constitute a contract between the Company and an adult and fully capable natural person, acting for purposes other than the needs of their professional activity, and paying for an order under the conditions specified below, this person being designated in the General Terms and Conditions by the term “you”.

1.2 The General Conditions of Sale are the only legal act applicable to any order placed through the Site, and are subject to acceptance by you under the conditions specified below. Any order for Jewelry(s) placed on the Site is subject to the General Terms and Conditions in force on the day of the order.

A copy of the General Terms and Conditions is sent to you a first time during the order process (therefore before confirmation of any purchase), then a second time upon delivery of the order. It is your responsibility to keep/save a copy.

1.3 All information relating to the Jewelry covered by these General Terms and Conditions (prices, names, definitions, detailed descriptions: properties, characteristics and composition, etc.) offered for distance selling on the Site are available, in accordance with the applicable legal and regulatory requirements. , on the site.

Although the Company strives to ensure with the greatest care the accuracy of the information published on the Site, in advertisements or in catalogs, it does not provide any guarantee, explicit or implicit, concerning the accuracy, reliability and completeness of such information.

The Company does not guarantee the price of a Jewel before an order confirmation is issued by our services, thus indicating the existence of a legally binding sales contract.

The Company also strives to guarantee the reliability of visuals, descriptions, photographs, or graphic representations of materials and stones displayed on the Site or in our catalogs, within technical limits and in compliance with market standards. However, we do not guarantee that these elements are free from any error. Whether as a result of an inaccuracy, an omission, an obsolete item or for another reason, the Customer has the right in this case to notify us so that we can carry out a return procedure, subject to informing us within the 3 (three) days of receipt.

ARTICLE 2: COUNTRY

The distance sale of Jewelry is carried out in the European Union under the conditions provided for by the General Terms and Conditions, this territory being hereinafter defined as the “Delivery Zone”.

For any territory located outside the Delivery Zone, you are invited to contact the Company directly by email: contact@studiolemercier.com, so that it can determine whether the order you wish to place can be insured, in particular taking into consideration (i) the risks linked to delivery under usual conditions, and (ii) the assessment of customs duties.

ARTICLE 3: PRICE

3.1 Price. The price due to the Company is made up of the total of the following different elements:

1° the price of each Jewel in euros, excluding tax, plus the Value Added Tax in force on the day of the order;

2° delivery costs in euros excluding taxes and all taxes included where applicable.

The prices of each Jewel like the applicable delivery costs are those made available to you on the Site on the day of your order, and are therefore subject to modification by the Company at its convenience, as long as you have not validated your order under the conditions provided for in article 4.

3.2 Payment methods made available to you on the Site to validate your order under the conditions provided for in article 4.4

Any payment on the Site can be made:

By bank card: After confirmation of your order, the Site invites you to communicate the various information appearing on your bank card, in a secure space, ensuring encryption of the data transmitted by the SSL protocol and certified by a certification authority. You can also validate the payment by communicating your credit card number to our customer service by telephone. Your card must belong to the Groupement des Cartes Bancaires CB, or any other group mentioned on the Site. Once the required information has been completed and/or transmitted, then validated by you, and after acceptance of the payment request by the banking establishment, your account is debited for the entire price and delivery costs. Data concerning your banking information is not stored by the Company.

By gift voucher: if you have a valid gift voucher issued by the Company, for an amount equal to or less than the amount of your order, you can use it by entering the corresponding code attached to said voucher. The total amount of the order remaining due will then be reduced by the total amount of the voucher, this balance must be paid by you for the order to be valid. The use of the voucher will be effective after validation of the order and its payment and the voucher will then no longer be usable. It is not possible for you to split the amount of the voucher or transfer part of it to a later order. In the event of a refund of the order for any reason whatsoever, the part of the price of the order paid by voucher will only be reimbursed by a voucher of an equivalent amount.

In the event that, for whatever reason (opposition, refusal by the issuing center, etc.), the debit of the sums due proves impossible, the order will not be recorded by the Company and/or will be canceled.

ARTICLE 4: ORDER

4.1. Selection. You have the possibility to select one or more Jewelry on the Site, with a view to purchasing them. The availability conditions for each Jewel are displayed as far as possible on the Site but will only be confirmed to you when the selected Jewel is added to the basket, depending on actual stocks. If the Jewel is not in stock, the Company will make its best efforts to manufacture it within a maximum period of 6 weeks from validation of the order.

The Jewelry is offered for sale in standardized sizes.

All the Jewelry that you have selected during your visit to the Site appears in your “Basket”, accessible by clicking on the tab at the top right of each page of the Site, which summarizes the price of each selected Jewelry, the price total including tax, and delivery costs, if applicable. You have the option to freely modify your Basket by deleting an item initially selected and/or modifying the selected quantities and/or adding other Jewelry(s).

4.2 Identification. To be able to place an order, you must be of legal age (at least 18 years old), have your habitual residence in the territory of the European Union, have legal capacity and place an order for non-professional purposes.

After clicking on the “ORDER” button, at the bottom right of your Basket, the Site offers you (i) either to create a customer account in order to record your personal data to facilitate your future orders and to be able to follow the processing of your orders in progress, (ii) either to connect to your customer account to finalize your order if you already have such an account by entering your email and password (iii) or to order without creating a customer account by completing the personal data necessary for the Company to process your order.

When creating a customer account and/or placing the order, the Site invites you to provide the following personal data: gender, name, email address, date of birth, precise address/postal code/city , country (domiciled with a company if applicable, remembering that you cannot acquire Products on behalf of a company), telephone number. All of this information is required to place an order on the Site.

If you create a customer account, the Site also invites you to choose a password, which will be associated with your email address. This password must contain at least 12 characters and 4 different types: lowercase, uppercase, numbers and special characters. Your password is personal and confidential. You are solely responsible for its use and you agree not to disclose it to third parties.

You also have the option of providing a billing address separate from the delivery address.

The data that you provide to the Company is necessary to validate your order and its delivery. You therefore undertake to complete the requested information with the greatest attention, to ensure that it is accurate and complete, and acknowledge that the Company cannot under any circumstances be held responsible for the non-performance of one or more obligations incumbent upon it. which would be due to an error or omission on your part in the information you provide.

4.3 Validation of your order (double click). After completing your personal data, or logging in, you are invited to click on the “VALIDATE MY ORDER” button. The Site summarizes one last time, on the same page (i) the detailed contents of your Basket, (ii) the total due, (iii) the delivery cost. You then have the possibility of confirming the content, after having read the General Terms and Conditions and acknowledging it by checking the box specifying “I acknowledge having read the General Conditions of Sale and accept their terms”, then by clicking on the button “payment by credit card” or the “payment by paypal” button. Until this last step, you have the option to go back and correct any possible errors. If you ultimately abandon your order, it is up to you to interrupt the procedure by returning to the Site's home page or by leaving it.

4.4 Payment. From the validation of your order, as described in article 4.3 above, the Site invites you to pay the corresponding price, calculated under the conditions provided for in article 3.

Once payment has been made and validated by your banking institution, the Company and you are bound by the General Terms and Conditions.

The order can no longer be canceled, except in the cases provided for in articles 5.2, 7.1, and 10.1. You will then receive an email acknowledging receipt of your order to the address provided by you, and containing a summary of it, as well as delivery times, the order number, as well as a copy of the General Terms and Conditions. In accordance with the provisions of article 1126 of the Civil Code, you formally accept the use of email for confirmation by the Company of the content of your order.

4.5 Evidence. You agree by placing an order on the Site that emails exchanged with the Company will be authentic between the parties.

Any order placed on the Site and all contractual elements relating to it (order form, confirmation emails, General Terms and Conditions, etc.) are archived by the Company for a period of 10 years from delivery of the Jewelry(s) ordered by you. , for any order for a sum equal to or greater than 120 euros.

You are recommended to keep these elements but you can also request a copy from the Company at any time during this period by sending an email to the Company at the email address contact@studiolemercier.com

ARTICLE 5: DELIVERY, DEADLINES AND RETURNS

5.1 The Company delivers the Jewelry(s) to the address indicated when ordering, via a carrier designated by the Company, within the period mentioned when ordering and in any event within a period a maximum of 30 (thirty) days for Jewelry mentioned as being in stock on the Site, and 6 (six) weeks for Jewelry not yet manufactured at the time of the order. In this regard, in the case of an order which includes several items with different delivery times, the Company waits for the availability of all the items before proceeding with the shipment. You will be informed of the dispatch of your order by email.

5.2 Defect or delay in delivery. In accordance with articles L216-2 and L216-3 of the Consumer Code, in the event of delay or failure to deliver seven (7) days after the maximum delivery date indicated, which is neither attributable to an error on your part, nor due to the unforeseeable and insurmountable fact of a third party, nor to a case of force majeure, you may cancel your order by registered letter with acknowledgment of receipt addressed to the Company within sixty (60) days following the date maximum delivery indicated. If delivery does not occur between the sending and receipt of this letter, the Company will reimburse you in full for the price that you have actually paid for each undelivered Jewel, within a maximum period of fourteen (14) days.

5.3 Reception. From receipt of your order, it is your responsibility to express in writing, immediately and precisely, on the delivery note, any reservations regarding the condition of the packaging of the package received. In the event of receipt of a package whose packaging is damaged, you undertake to make regular and sufficient findings, in particular (i) by formulating reasoned reservations to the carrier, in writing, (ii) by retaining the disputed packaging and its content in conditions such as not to alter their condition, and (iii) by reporting by email to the Company, without delay, the deterioration(s) thus observed, in a documented manner, as well as by attaching a copy of the receipt. delivery including the reservations you mentioned there.

5.4 Compliance. In the event that you notice that one or more pieces of Jewelry do not comply with the legal guarantees mentioned in article 7, it is your responsibility to notify the Company, by RAR mail and by email, in detail, of the nature of the non-conformity and/or defects affecting the Jewel(s) concerned within three days of receipt, specifying the method of repair for which you wish to opt, among the different options provided to the aforementioned article. In the event that you choose a full refund of the price paid for each non-compliant Jewelry, it is your responsibility to send the Jewelry(s) concerned to the Company, from the acceptance by the latter of this method of repair, in accordance with the provisions of articles L217-8 to L217-10 of the Consumer Code recalled below, by the Post Office or the carrier of your choice.

ARTICLE 6 — RIGHT OF WITHDRAWAL

6.1 For Jewelry made to the consumer's specifications or clearly personalized:

In accordance with article L121-28-3° of the Consumer Code, the right of withdrawal usually granted to consumers in the context of distance selling contracts cannot be exercised for contracts for the supply of goods manufactured according to the specifications of the consumer or clearly personalized.

Each Jewel containing a personalized engraving or specifically manufactured at your request, you expressly acknowledge and accept that you cannot avail yourself of the right of withdrawal provided for by articles L121-18 et seq. of the consumer code.

6.2 For other Jewelry that is either in stock at the time of the order or made to order, according to your measurements and/or the customization options offered by the company, in one of the materials offered by the Company:

In accordance with the provisions of articles L. 221-18 et seq. of the Consumer Code, you have a right of withdrawal under the regulatory conditions for all Jewelry not covered by the exemption defined in article 6.1.

This right can be exercised within 10 (ten days) from receipt of the Jewel by you, by returning to the Company the withdrawal form (displayed below and downloadable here) which it sent to the Company in the duly completed order confirmation email or any other unambiguous written declaration expressing your desire to withdraw, by email to the address contact@studiolemercier.com

It will then be up to you to return the item concerned, at the latest, within 10 (ten) days following communication of your decision to withdraw, in its original packaging or in packaging providing equivalent protection, in perfect condition. and accompanied by all the documents and accessories provided, as well as the delivery note attached to said item.

This return is made at your expense and the return costs will not be reimbursed by our Company, which you expressly accept. Reimbursement of the price of the returned item (including delivery costs of the item to your address) will be made, by credit to your customer's bank account, at the latest within ten (10) days following the receipt, by the Company, of said articles. Any personalized, altered or returned damaged, used, incomplete or soiled item will not be eligible for such a refund.

ARTICLE 7 – LEGAL GUARANTEES AND LIABILITY

7.1 The Company complies with the provisions of the Consumer Code and the Civil Code regarding guarantees. The seller is liable for defects in the conformity of the goods sold under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the goods under the conditions provided for in articles 1641 et seq. of the Civil Code. These provisions are reproduced below:

Art L217-4 and L217-5 of the Consumer Code:

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L217-7 of the Consumer Code:

Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 of the Consumer Code:

The buyer has the right to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.

Article L217-9 of the Consumer Code:

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law. :

Article L217-10 of the Consumer Code:

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.

However, the sale cannot be canceled if the lack of conformity is minor.

Article L217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.

Art L217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the good.

Art 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them.

Art 1642 of the civil code: The seller is not liable for apparent defects of which the buyer was able to convince himself.

Art 1643 of the civil code: He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the civil code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Article 1645 of the Civil Code: If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages and interest owed to the buyer.

Article 1646 of the civil code: If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

Article 1647 of the civil code: If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two articles previous ones.

But the loss occurring by fortuitous event will be for the account of the buyer.

Art 1648 al. 1 of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

7.2 In accordance with the preceding provisions, it is expressly agreed that the Company provides no guarantee regarding hidden defects of which it is not aware, nor that the Jewelry(s) ordered respond(s) to a specific request from you, with the exception of their size, for those Jewelry for which you have provided this information. Likewise, the Company cannot under any circumstances be held responsible for any damage or lack of conformity resulting from incorrect information that you have communicated to it.

7.3 Any Jewelry which is returned damaged, worn, or soiled in a manner distinct from the elements of non-conformity alleged in application of article 5.4 and noted by the Company will not give rise to any reimbursement.

7.4 Regardless of the above, the Company cannot be held responsible:

- errors and/or omissions referred to in article 1.3;

- interruptions or delays due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control and from which you will be informed as quickly as possible by the Company;

- the impossibility of temporarily accessing the Site due to facts beyond its control, such as in the event of a computer failure, interruption of the telephone network and/or internet, etc.

ARTICLE 8: INTELLECTUAL PROPERTY

8.1 The Jewelry, the Site, the services offered, as well as all the contents, texts, databases, software, visual and audiovisual elements which compose it are the exclusive property of the Company, and are protected by property law. intellectual. Any act of exploitation of the aforementioned elements, in particular by reproduction and/or representation, is expressly prohibited.

ARTICLE 9: PERSONAL DATA

9.1 The Company proceeds with your consent to the collection of personal data concerning you, as referred to in article 4.2.

The Company undertakes to collect and process this personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing personal data and the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation.

The personal data that you transmit to us for the creation of a customer account also allows you to facilitate your subsequent orders and to track your current orders.

Finally, they may be collected for the purposes of transmitting our newsletter, when you choose to subscribe to this service when creating your account or at any time in your account.

They are finally collected by the Company with your express agreement if you choose to click on the box dedicated to this purpose, with the aim of disseminating its commercial offers, and

c) recipients of personal data collected by the Company:

This personal data may only be shared with third-party companies in the following cases:

-When you use payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which it has entered into contracts;

-When the Company uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to your data, as part of the performance of these services and have a contractual obligation to use them in compliance with applicable regulations;

-If required by law, the Company may transmit data to pursue claims made against the Company and to comply with administrative and legal procedures;

-If the Company is involved in a merger, acquisition, transfer of assets or collective procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

d) the duration of retention of personal data:

This information is kept within the legal limits authorized. This duration varies depending on the nature and circumstances in which they were communicated to us.

You expressly declare and guarantee that the Company collects and processes personal data under the conditions referred to in article 4.2.

9.2 You have a right of access to personal data concerning you, as well as a right to rectify or erase this data, the right to obtain a limitation of processing, the right to oppose the processing of this data as well as the right to portability of this data.

You can exercise these rights by writing to the address: contact@studiolemercier.com

However, you cannot exercise your right to erasure or refusal of processing with regard to personal data transmitted for the purposes of the execution of the contract and/or to comply with the Company's regulatory and legal obligations, in particular with regard to archiving. .

9.3 For the purposes of its activities and services and in particular to facilitate their proper functioning, the Site uses a system of “cookies”. You must accept the deposit of cookies by validating the button provided for this purpose on the banner of the Site specifying the purposes of the cookies used and the possibility of opposing them. These cookies may contain data relating to your identification and your navigation on the Site. You are informed that you can block or delete these cookies.

For Mozilla Firefox:

• Choose the “tool” menu then “Options”

• Click on the “privacy” icon

• Locate the “cookie” menu and select the options that suit you

For Microsoft Internet Explorer:

• Choose the “Tools” menu, then “Internet Options” (or “Internet Options”)

• Click on the “Confidentiality” tab

• Select the desired level using the slider

For Google Chrome:

• Click on the “wrench” icon in the browser toolbar

• Choose the “Options” menu then click on “Advanced options”

• Click “Content Settings” in the “Privacy” section

• Click on the “Cookies” tab and select the options that suit you

ARTICLE 10: COMMON PROVISIONS

10.1 Consumer quality. By accepting the General Terms and Conditions, you declare that you are purchasing the Jewelry for strictly personal purposes and in any case without direct or indirect connection with your professional activity (i.e. for purposes other than commercial, industrial, artisanal or liberal), this declaration being an essential and determining condition of the Company's consent to your use of the Site as well as to the sale permitted by the latter. Consequently, in the event that this declaration proves to be erroneous or misleading, the Company reserves the right to automatically cancel your order and retain the price paid as a provisional penalty, without prejudice to any additional compensation to which the Society could claim.

10.2 Access to the Site. The costs related to the use of the Internet during your use of the Site are your responsibility, at the rates and conditions charged by your Internet service provider and you remain in all circumstances solely responsible for any material and its use by you. allowing access to the Site.

10.3 Partial invalidity. If one or more stipulations of the General Conditions of Sale are held to be invalid or declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and validity. scope, unless the invalid stipulation(s) were of a substantial nature and their disappearance calls into question the contractual balance. If applicable, the parties then agree to replace the clause declared null and invalid by a clause which will be closest in content to the clause initially agreed upon.

10.4 Non-Waiver. It is understood that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in the T&Cs, whatever the frequency and duration, cannot constitute a modification of the T&Cs, nor generate a any right.

In the event of a dispute relating to the formation, execution, and/or interpretation of the General Terms and Conditions, express jurisdiction is assigned to the French courts.

10.5 Changes. From their entry into force, the General Terms and Conditions may only be modified in writing signed by both parties. They represent the entirety of the commitments existing between the parties. They replace and cancel any prior oral or written commitment relating to the subject matter hereof.

10.6 Conservation of the T&Cs. For ten years from the confirmation of your order, and since its price is greater than one hundred and twenty (120) euros, the Company ensures the conservation of the General Terms and Conditions, and of all commercial information having been communicated to you before and after your order. You can obtain a copy of this document by sending your request to SARL LES BABIOLES, 53 Rue Charlot, 75003 PARIS, France. The sending of this information gives rise to billing per act, at a unit price of ten percent (10%) of the price of the order.