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GENERAL TERMS AND CONDITIONS OF SALE
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·The purpose of the present GENERAL TERMS AND CONDITIONS OF SALE is to DEFINE THE conditions under which the products (hereinafter defined) are sold to the customer (hereinafter defined) by LA LUEUR DE L’AUBE (hereinafter defined), a manufacturer and seller of jewelry accessible on the online catalogue Of THE WEBSITE www.la-lueur.com and at the address mentioned below.
·as stipulated in ARTICLE L. 111-1 OF THE FRENCH CONSUMER CODE, contracts established by purchase order are subject to distance sales regulations.
·BY USING THIS WEBSITE, THE CUSTOMER ACKNOWLEDGES AND AGREES TO THESE GENERAL TERMS AND CONDITIONS OF SALE. the customer declares to have the full legal capacity to enter into the present contract, that is, he / she has REACHED THE LEGAL AGE OF MAJORITY AND is NOT UNDER TRUSTEESHIP OR GUARDIANSHIP.
·BY CHECKING THE BOX, « I AGREE TO THESE GENERAL TERMS AND CONDITIONS OF SALE», THE CUSTOMER ACCEPTS, WITHOUT RESERVation, THESE GENERAL TERMS AND CONDITIONS OF SALE. CHECKING THe BOX WILL be deemed to have the same VALUE as a HANDWRITTEN SIGNATURE on the part of the customer.
·THEse GENERAL TERMS AND CONDITIONS OF SALE, except where EXPRESSLY provided, TAKE PRECEDENCE OVER conflicting TERMS AND CONDITIONS as noted ABOVE.
definitions
« customer» means a consumer who is a non-professional buyer.
« company» means EURL LA LUEUR DE L’AUBE, the seller of the products.
« website» means the website www.la-lueur.com on which the products are sold.
ARTICLE 1: IDENTIFICATION
· contact information:
EURL: LA LUEUR DE L’AUBE
registered office: 77 RUE DU CHERCHE MIDI, 75006 PARIS
SIRET number: 818 443 764 000 19
share capital: 3,000 EUROS
VAT #: FR83 818 443 764
CNIL#: 2079897
· customer service:
EMAIL: contact@LA-LUEUR.COM
TELephone: 09 86 25 08 66
boutique hours: 11:30 am – 7:00 PM
ARTICLE 2: PROducts
2.1. handcrafted work
·all products available on the website are handcrafted by MAKIKO AKIYAMA in the workshop boutique of LA LUEUR DE L’AUBE.
·handcrafted jewelry items may present finishing irregularites, differences in format or color that are inherent in this type of fabrication. these irregularities cannot be considered major defaults. the responsibility of the seller cannot be called into question and the validity of the order cannot as a result be affected.
2.2. materials
jewelry is fabricated in the following choice of materials:
- sterling silver, 925/1000
- gold plated sterling silver
- Gold 750/1000, yellow, pink, Red, GRey Or white « RHodium »
- precious and semi-Precious stones, ORGANIc gems.
2.3. final product
·we direct your attention to the fact that photographs illustrating our products may slightly differ from actual products due to customer screen adjustments and lighting during photoshoots. photographs, graphics and product descriptions of items on sale are indicative only and under no circumstances bind the company.
ARTICLE 3: order procedures
3.1. order types
there are three (3) types of orders:
·« order IN STOCK »: the term « order IN STOCK », indicated on the sale page of a product at the time of purchase, guarantees the immediate availability of the product. All orders placed on the website shall be processed within 48 hours following receipt of payment (excluding weekends and holidays), except where exceptionally provided. an email shall be sent to the customer to confirm the processing of the order and shipping.
·« made-to-order »: the customer may choose the metal, stone and size.
·« personalised order »: where the customer would like to place a personalised order, he / She is invited to contact the company, via the contact page of the website, to determine the feasibility of the request, receive a price quote and the delivery time.
3.2. customer order approval
·after verifying the content and the total cost of the order, the customer will definitively confirm the order at the payment stage. this CONFIRMATION has the value of concluding the contract.
·it is unnecessary for the customer to create an account.
·the languages available to conclude the contract with the website WWW.LA-LUEUR.COM. are French and English.
3.3. company order approval
·All orders, whether « MADE-TO-ORDER » or « ORDER IN STOCK » will only be treated upon receipt of payment.
·once the contract is concluded, the company will send to the customer, by electronic mail, an order receipt containing a summary of the information registered on the order form.
·the invoice and the jewelry will be sent simultaneously to the billing address.
ARTICLE 4: PRIce
4.1. for customers in the european union
·the price appears in euros and includes all taxes, except delivery charges.
·for orders that originate outside of France, the customer is the importer of the ordered item(s).
4.2. for customers outside the european union
·the price appears in euros with all taxes included, except delivery charges.
·for orders that originate outside of France, the customer is the importer of the ordered item(s).
·the price shall be calculated on the invoice without tax. customs duties, other local taxes, import duties or state taxes may be payable. these applicable taxes and fees are beyond our control and are not the responsibility of the company. they are entirely at the expense and responsibility of the customer, in terms of declarations and payments to authorities and/or competent organisations. customers are advised to contact the competent authorities in their country for further information.
ARTICLE 5: payment Methods
5.1. credit card
·accepted credit cards are: cards from the « CB » network, VISA, MASTERcard and JCB.
·during the payment process, in order to verify the cardholder’s identity and to validate the transaction, the bank requests personal informatioN of the customer. the customer must indicate his or her card number, followed by the card type, the card’s expiration date and the CRYPTOGRAM (the last three digits on the back of the card).
·at the order confirmation stage, the customer guarantees to the company that the customer is in good standing with respect to the card issuer.
5.2. paypal
where a customer pays by PAYPAL, the customer expressly recognises having taken account of and accepting the general conditions of PAYPAL, alone RESPONSABLE for the treatment of the personal data relative to the method of payment selected by the customer.
5.3. cryptograph protocol
·financial information shall be transferred to paypal or other banks offering services linked to electronic distance payment pursuant to a cryptograph protocol, under no circumstances will third parties have access to this information.
ARTICLE 6: delivery
6.1. home delivery
·the ordered product is shipped to the mailing address which appears on the customer’s order form, In france or abroad (see the shipping list), except where the option « in-store pick up » has been selected.
·the customer’s delivery address may differ from the billing address.
6.2. in-store pick up
·in-store pick up is free of charge and can only take place at the workshop BOUTIQUE of LA LUEUR DE L'AUBE located at 77 RUE DU CHERCHE MIDI, 75006 PARIS.
·in-store pick up is possible Tuesday through saturday between 11:30 am and 7:00 pm.
6.3. delivery costs
·in france: orders may be delivered by COLISSIMO Or CHRONOPOST. shipping cost is ten euros (10) per order for delivery by COLLISSIMO and eighteen euros (18) per order by DHL.
·INTERNATIONAL shipping: orders shipped internationally are delivered by DHL. the cost of international shipping by DHL can be found on the following list: SHIPPING
·standard shipping is free of charge for purchases of three hundred (300) euros or more in France and seven hundred (700) euros or more internationally.
·where the customer is not present for the reception of the package containing the order, the customer shall pay the cost of the return shipping to the customer.
6.4. delivery time
·in france, delivery time is approximately two (2) days aftrer expedition; abroad, delivery time can be found on the following list: shipping
·for an ORDER in stock, the order is treated within 48 hours; for an order that is made-to-order, delivery time will take place one month after order placement. we will make every effort to reduce by as much as possible this delivery time and invite the customer to contact the company, via the contact page of the website, to obtain order progress information.
·Any eventual delay of merchanise shipping will not constitute grounds for liability on the part of the company.
6.5. delivery methods
·As soon as the customer receives and signs the shipping form, it is the customer’s responsibility, or that of a person regularly authorized by the customer, to verify the content, conformity and the state of the product at the time of delivery.
·in the event of damage, the customer will clearly and precisely note his / her concerns on the shipping form, a copy of which shall be sent to the company by post or by carrier.
·in the event of a missing product or an error, within a maximum delay of 48 Hours following receipt of the order, the customer shall inform us on the contact page of the online SHOP.
·in the event the customer returns an item due to an error on the part of the company, in the case of an « ORDER in stock », such as a missing product from the order or the product does not conform or a product has a fabrication defect, the company shall reimburse the customer. this reimbursement shall include, in addition to the price of the purchased product, delivery costs incurred by the customer for the return of the product. reimbursed delivery costs shall be based on the method of standard shipping (the least expensive). if the customer chose a shipping method that differs from standard shipping, the additional cost of shipping will not be included in the reimbursement.
ARTICLE 7: right of withdrawal
7.1. withdrawal period
·pursuant to the provisions of ARTICLE L. 221-18 of the french consumer code, the customer has the right to exercise his / her right to withdraw within fourteen (14) days following receipt of the ordered items.
7.2. exercising the withdrawal right
·to exercise the withdrawal right, the customer must inform the company of his / Her decision to cancel the contract either by post at 77 RUE DU CHERCHE MIDI, 75006 PARIS or by email at contact@la-lueur.com. the customer may use the cancellation form .
·the company will inform the customer by email of its treatment of the withdrawal request.
·in the event of withdrawal, within the above-mentioned period, only the price of the purchased products and the corresponding shipping costs shall be reimbursed, not including return costs or eventual costs in case of payment by bank card.
·the company shall reimburse the customer within fourteen (14) days of receipt of the withdrawal notice provided the concerned products are returned to the company.
·the reimbursement will be carried out using the same means of payment as that used by the customer for the original transaction, unless expressly agreed otherwise with the customer, and under no circumstances shall the customer be charged an additional fee for this refund.
7.3. product return methods in case of withdrawal
·the products concerned by the customer’s withdrawal must be returned within fourteen (14) days of notification to the company of the customer’s decision to cancel the order.
·returns are made in their original state (packaging, notice...) in perfect resale condition, accompanied by the purchase invoice. damaged, soiled or incomplete products shall not be accepted.
·only the return shipping costs are at the expense of the customer.
7.4. exceptions to the right of withdrawal
·pursant to article L. 221-28 of the french consumer code, the right of withdrawal does not exist for contracts...:
·for the supply of goods manufactured according to the specifications of the consumer or clearly tailored to the consumer’s personal needs. this means that all products which have been, as requested by the customer, « made-to-order » or « personalised » especially for a change in size, stone or design, shall neither be reimbursed nor exchanged.
·for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded;
·for the supply of goods which after delivery have been unsealed by the customer and are not suitable for return for reasons of hygiene or health protection;
·for the supply of goods who, after delivery and due to their nature, are inseparably mixed with other goods.
·all returns that do not conform with these conditions or that are unsuitable for resale (damaged, used, or soiled) shall be rejected and returned to the customer at the customer’s expense.
·products delivered outside of the european union having benefited from a tax refund or products delivered in france having benefitted from a discount can neither be reimbursed nor exchanged.
ARTICLE 8: legal warranties
8.1. legal warranty of conformity
·in accordance with the legal warranty of conformity, the customer has two years from delivery of the item to act. the procedure is free of charge. no cost is charged to the customer.
·the customer may choose between the repair or replacement of the item, subject to the cost conditions provided for in article L. 217-9 of the French consumer code.
·if repair or replacement of the product is impossible, cannot be executed within the month following the customer’s request or creates a major burden for the company, the customer may return the good and ask for a refund or keep the item and ask for a price reduction.
·the customer is exempt from proof of the existence of a non-conformity of the item during the six (6) months following product delivery. this deadline is extended to twenty four (24) months, except for used goods.
8.2. legal warranty against hidden defects
·when acting on the warranty against hidden defects of a product in accordance with article 1641 of the french civil code, the customer may choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
8.3. implementation of product return warranties
·to exercise these rights, the customer must inform the company, in writing, of the product’s non-conformity or defect by either the post addressed to 77 RUE DU CHERCHE MIDI, 75006 PARIS or by email addressed to contact@la-lueur.com.
·the letter or email must mention the date of purchase, the products reference number and, if applicable, the customer’s reference number.
·returned products must be sent to the following address: 77 RUE DU CHERCHE-MIDI, 75006 PARIS.
ARTICLE 9: responsibility
·it is the sole resposibility of the customer to ensure the suitability of the choice of products, the use and their compatibility with all other material. under no circumstances shall the company be held responsible for any damage arising from this fact.
·the products offered to the customer by the company on the website comply with effective french legislation and european norms. the company may not be held liable in the event of failure to comply with the legislation of another country where the products will used by the customer, the french laws being exclusively applicable for the sale of products between the customer and the company in conformity with ARTICLE 11: APPLICABLE law and jurisdiction below. it is the sole responsibility of the customer to check with local autorities the import or use options of the products he / she is considering ordering.
the company shall not be liable for dammage of any kind, material, immaterial and / or bodily, that could result from the misuse, abnormal use, negligence or lack of maintenance of products by the customer or a third party, as in the case of normal use of products.
ARTICLE 10: personal data and COOKIES
10.1. personal data
the customer is informed and accepts that his / her peronsal data shall be collected via the order form and used by the company who, acting as the data controller within the meaning of regulation (EU) 2016/679 of the european parliament and council of 27 april 2016 related to the protection of physical persons with regard to the treatment of personal data and the free exchange of this data, called the « general regulation on the protection of data » or « grpd».
·the delivery of orders requires the collection of a certain amount personal data concerning the customer (last name, first name, postal address, date of birth, telephone number and electronic address). collected personal data is needed to fulfill the obligations of the company, in particular, to validate orders as well as to carry out the delivery of products. customers who do not wish to provide this information cannot place an order via website.
·your personal data is retained for this sole objective and the company promises not to use the customer’s personal data in another context, nor to transfer the customer’s personal data to third parties, without the express consent of the customer or outside circumstances envisioned by law. the data controller, except with respect to data related to payment.
personal data is retained for a period of three (3) years after the customer’s last commercial exchange. this personal data is retained under secured conditions, in conformity with current retention methods, set forth in law Number 78-17 of 6 JANuary 1978. the company’s CNIL declaration number is 2079897.
·the transmission of information on the website takes place in a secured context following protocols in effect on the internet.
·customer credit card numbers are not retained on the website but on the secure website of our banking partner.
·in accordance with the dispositions of the law of 6 january 1978 called the « data proctecion act », modified by law number 2018-493 of 20 June 2018 relative to the protection of personal data, and regulation (EU) 2016/679 of the european parliament and council of 27 april 2016 related to the protection of physical persons with regard to the treatment of personal data and the free exchange of this data, the customer is entitled to access, correct and object to the use of personal data which concerns the customer. to exercise this right, the customer must make a request by letter to the following address: LA LUEUR DE L’AUBE, 77 RUE DU CHERCHE MIDI, 75006 PARIS. each request must indicate the customer’s last name, first name, postal address, email ADdress.
each requsest must be signed and contain a photocopy of the customer’s identity document bearing the customer’s signature and stating the address to which the customer wishes the response to be sent. this response will be sent to the customer within two (2) months following receipt of the request.
10.2. COOKIES
·on its own initiative or through the initiative of a third party tracking service, the website may use cookies when a customer visits the website. cookies are text files sent to the navigator by an intermediary web server to record the activity of the user while the user browses online services.
·the use of cookies by websites allows the server of the website to recognize the web navigator used by the user to improve the user’s browsing experience, allowing, for example, users who are already registered to access zones, services, promotions or contests exclusively reserved for them without having to register each visit. cookies are also used by websites to measure audience and browsing parameters as well as control website progression and access.
·GuARANTeES on the use of COOKIES: cookies recorded by the website do not personally recognize the user. They only associate anonymous users to their computers and do not provide a reference which would enable the deduction of a user’s personal data. CERTAIN COOKIES are used by third parties (For example, GOOGLE) to transmit data to the company on the efficiency of its promotions. the cookies do not obtain, in any event, personal information which would enable the identification of a particular user.
·the COOKIES used on the website are, in any event, of a temporary character, having the only purpose of making more efficient future transmissions. no cookie used on the website will have an applicable period of more than two (2) years.
·the customer may set his / her browser to notify him / her when he / she receives a cookie and can refuse the installation of cookies on HIS / HER browser. by rejecting or disactivating the website’s cookies, the user runs the risk of not being able to access certain website functions. to use the website it is not necessary for the user to accept the installation of cookies, but the user must restart the session in each of the services which requires the provision prior to registration or the start of the session.
·the website may contain links to other sites whose confidentiality policies may differ from those of the company. the company assumes no responsibility for the content or practices of linked websites. the company recommends that users read the confidentiality policy of all linked websites.
·the website servers can automatically detect the IP address and the domain name used by users.
ARTICLE 11: APPLICABLE law and jurisdiction
·the present GENERAL TERMS AND CONDITIONS OF SALE are governed by French law. the language of the present contract is french. In the envent of a dispute, the french courts shall have jurisdiction, with reserve to applicable mandatory legal provisions.
for all claims, please contact customer service at the following address contact@la-lueur.com. in accordance with the applicable rules of mediation, all consumer disputes must be conferred initially in writing to customer service before all requests for mediation.
in the event a settlement is not successful and in compliance with order number 2015-1033 of 20 August 2015 related to the extrajudiciary resolution of consumer disputes, all consumers have the right to free recourse to consumer mediation for the amicable settlement of disputes that place a consumer in conflict with a professional. the deadline for the consumer to seize mediation service is one (1) year as of the written claim to the professional.
the european commission has set up a platform for the resolution of disputes which gathers groups of consumer claims arising from online purchases and transfers them to national competent mediators.
Article 12: force majeure
the event of a force majeure suspends the execution of the contractual obligations of the parties and exonerates them from all responsibility.
events considered as an element constituting force majeure or fortuitous events are events independant of the will of the parties, that could not reasonably be predicted, and that could not reasonably have been avoided or overcome, to the extent that their occurrence renders the execution of obligations totaly impossible, such as, war, fire, earthquake, flood, storm, industrial strikes.
Article 13: contract modifications
·the applicable conditions are those in effect on the website on the date of registration of the customer’s order.
the sales contract may at any time be revised, updated or modified, in whole or in part, as indicated at the time of the registration of an online order.
Last update: SEPTEMBER 2020