Terms of Sale

 

Terms & Conditions E-shop 

Update : November, 24th 2023

Article 1 - Scope of application

The Vendor designs, manufactures and markets jewelry made of precious stones and/or metals ("Products"). These general terms and conditions of sale ("GTCS") apply to all orders for Products placed on the E-shop by a non-professional customer ("Customer"). They are communicated to the Customer before the order is validated, and their acceptance is evidenced by a checkbox. The GTCS and the order confirmation constitute the entire sales contract.

Article 2 - Products: categories and characteristics 

Two categories of Products are offered for sale: Products in stock in limited quantities and ready for delivery, and Products not available in stock on the day of the order and manufactured solely to order by the Customer.

The Vendor reserves the right to modify the Products available for sale at any time. 

The essential characteristics of the Products are described in product sheets. The Vendor makes every effort to provide detailed product sheets and to ensure that the Products are faithful to the photographs of the Products visible on the E-shop. However, the Customer is informed that, in view of the digital presentation mode (in particular the Customer's screen settings or lighting during the shooting), the perceived impression of the photographic representation of the Products may not correspond exactly to the Products delivered. As these are handcrafted creations, the Products may present irregularities in finish, size and/or color inherent to the type of manufacture, which cannot be considered as defects or non-conformities. Any other specificity of a Product will be mentioned directly on the product sheet.

Article 3 - Ordering

Before validating the order for the Products accessible in "my basket" section, the Customer must accurately enter the full delivery address, surname/first name, telephone number and contact e-mail address. 

Payment is made by credit card or via a payment service provider, and constitutes final validation of the order for the Customer. The Vendor, who uses a secure payment tool, has no access to confidential payment information. 

The Customer receives an order confirmation e-mail containing the order number and summary of the order (product(s) ordered, quantity, price), delivery charges, payment confirmation, delivery date and address, terms and conditions in force on the day of the order).

Article 4 - Order cancellation 

By the Customer. The Customer has the right to cancel the order within 14 days of delivery of the Products (art. L.221-18 C. conso). The Customer informs the Vendor by sending an email to contact@averseparis.com, specifying the order number and the Product(s) he/she wishes to return. The Vendor acknowledges receipt of the return request and informs the Customer by email of the address to which to return the Product(s). THE CUSTOMER INSERTS A RETURNS SLIP IN THE PARCEL, STATING THE ORDER NUMBER AND CONTACT DETAILS. THE CUSTOMER MUST RETURN THE PRODUCT(S) WITHIN 14 CLEAR DAYS OF NOTIFICATION OF WITHDRAWAL, BY PARCEL WITH SIGNATURE. THE RETURN COSTS AND THE RISK OF TRANSPORTING THE RETURNED PRODUCTS ARE BORNE BY THE CUSTOMER. THE CUSTOMER IS ADVISED TO USE THE ORIGINAL CARRIER. THE SELLER DOES NOT ACCEPT PARCELS SENT CARRIAGE FORWARD.  TO BE TAKEN BACK BY THE SELLER, PRODUCTS MUST BE RETURNED IN THEIR ORIGINAL PACKAGING IN PERFECT CONDITION, UNUSED/OPENED/ALTERED/DAMAGED.  Once the Products have been received and checked for conformity by the Seller, the Customer will receive an e-mail confirming the return. For Products returned in conformity, the Customer will be reimbursed for all sums paid (purchase price of the returned Products and delivery costs) within 14 days.

If the Customer wishes to exchange a Product, he/she must return it to the Vendor within the framework of the present withdrawal procedure and place a new order.

By the Vendor. The Vendor reserves the right to refuse and/or cancel any order, in whole or in part, before or after sending the order confirmation, for legitimate reasons such as: unavailability of Products, abnormally high quantity of Products for personal consumption, goods blocked at customs, fraud, existing dispute with the Customer, non-compliance with the GTCS, or any payment incident.

Article 5 - Unavailability of Products  

In the event of depletion of stock, but also for Products manufactured to order due to difficulties in the supply of the precious stones and/or metals of which they are composed, or due to the impossibility of manufacture, the Customer is informed by e-mail and the Vendor chooses either to cancel the order for the unavailable Product(s), or to offer the Customer delivery of an equivalent product or to wait for a restocking. The Customer is free to refuse. In the event of order cancellation, the Customer will be reimbursed within 14 working days.

Article 6 - Prices

The sale price is indicated in Euros and includes VAT.

The Vendor reserves the right to modify, at any time, the prices of the Products on the E-shop, without the modifications applying to current orders. 

Delivery charges, which are added to Product prices, are displayed to the Customer before the order is validated.

The Vendor retains full ownership of the Products until full payment has been received, including delivery charges.

Article 7 - Delivery 

Shipping conditions. Carrier: DHL - Territory: worldwide (except special restrictions on certain zones).

Delivery charges are payable by the Customer; France: 12€, EU: 15€, outside EU and DROM-COM: 35€.

If the Customer wishes delivery to different addresses, separate orders must be placed.

Delivery times. Delivery times vary according to the country of delivery and the product category. For products in stock, delivery may take between 2 and 10 working days on average, depending on the country of delivery. For Products manufactured to order, taking into account the manufacturing lead time means that availability to the Customer may be delayed by up to 6 weeks. The Seller will not be held responsible for additional delays due to customs clearance.

Customs clearance for destinations outside the European Union and for French overseas departments and territories. The Customer is the importer of the Products. It is the Customer's responsibility to check with the local authorities whether it is possible to import and use the Products he/she wishes to order. Customs formalities are carried out by the Vendor in the name and on behalf of the Customer. However, delivery is made on a DAP (delivery tax unpaid) basis, which means that the Customer must pay ALL CUSTOMS FEES AND DUTIES, ALL IMPORT DUTIES AND ALL EXISTING TAXES. These additional charges may vary considerably depending on the country of destination, and depend in particular on the price, nature of the products, weight and dimensions of the package. The Vendor has REX and EA status, which remove tariff barriers (customs duties) and non-tariff barriers (formalities) with countries that have signed free-trade agreements with the European Union. To benefit from these advantages, it is up to the customer to contact the customs authorities in his or her country with his or her contact details, parcel number and invoice containing the information required for this customs relief. For further information: https://www.douane.gouv.fr/fiche/liste-des-accords-et-preferences-unilaterales-de-lunion-europeenne

Partial delivery. The Seller reserves the right to make partial deliveries. 

Liability. The Vendor cannot be held responsible for the impossibility of delivery due to an erroneous address indicated by the Customer or to his absence. If the carrier charges an additional fee for a second presentation, the Customer shall bear this in full.  

Receipt of the parcel. It is the Customer's responsibility to check the condition and conformity of the Products delivered on receipt of the parcel. In the event of deterioration or apparent defect, the Customer shall note this on the delivery slip and inform the Vendor by e-mail at contact@averseparis.com, with all supporting documents, with a view to obtaining, where appropriate, a replacement of the Product.

Late delivery. Any delay in delivery must be reported by the Customer as soon as possible to the Vendor, who will make inquiries with the carrier. The Customer may instruct the Vendor by registered letter with acknowledgement of receipt to deliver within a reasonable time. If this 2nd deadline is not met, and except in cases of force majeure, the Customer may request cancellation of the order and full reimbursement of the sums paid, by notifying the Vendor by a second registered letter with acknowledgement of receipt, with reimbursement to be made by bank transfer within 14 clear days of receipt of this notification. The customer acknowledges that he/she may not claim any compensation or damages, other than the reimbursement of sums already paid.

Article 8 - Product warranties

1. The Products are guaranteed against any lack of conformity and hidden defects under the conditions set out in the French Consumer Code and the French Civil Code, without any additional commercial guarantee. Warranties are granted exclusively to the Customer and are not transferable.

Legal warranty of conformity (articles L. 217-4 to L. 217-14 of the French Consumer Code)

The professional seller must deliver goods in conformity with the contract. Failing this, he is liable for defects in delivery, but also for any defects resulting from the packaging, assembly instructions or installation when this is the responsibility of the contracting party or under his responsibility. 

A good is in conformity when it is either : 

- fit for the purpose usually expected of similar goods, corresponds to the seller's description and possesses the qualities presented in a sample or model; has the qualities that a consumer may legitimately expect following public statements by the seller, producer or representative (advertising, labeling, etc.). The declarations of these last two professionals are not binding on the seller when the latter does not know them and is not in a legitimate position to know them.

- has the characteristics defined by the parties or is fit for the special purpose intended by the buyer, known to the seller and accepted.

The warranty of conformity is subject to a limitation period of 2 years from the date of delivery of the goods. All defects of conformity appearing during the 2 years following purchase are presumed to exist. 

There are three cases in which the consumer cannot invoke the warranty of conformity: when he was aware of the defect at the time of contracting; when he could not have been unaware of the defect at the time of contracting; when the defect results from materials supplied by him.

Where there is a lack of conformity, the professional offers the consumer either replacement or repair. The choice is up to the consumer, except when it involves disproportionate costs for the professional.

The consumer can have the contract rescinded or reduced if the defect is major and the chosen solution takes longer than 1 month from the date of the request, or if no other solution is feasible.

Warranty against hidden defects (articles 1641 to 1649 of the French Civil Code) :

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

The legal warranty covers all costs incurred by hidden defects. The professional is not liable for apparent defects of which the buyer has been able to convince himself, but for hidden defects, even if he was not aware of them, unless he has stipulated that he will not be bound by any warranty. The defect must predate the sale and render the products unfit for their intended use.

The buyer has a choice: return the item and have the price refunded; keep the item and have part of the price refunded. The deadline for taking action is 2 years from the discovery of the defect.

2. All warranty claims should be sent by e-mail to contact@averseparis.com, together with the Customer's contact details, order number and a detailed description of the problem, including clear photographs. The Vendor will contact the Customer as soon as possible to inform him/her of the procedure to follow. No Product may be returned to the Vendor without the Vendor's prior written authorization. The Product must be returned by the original carrier in its original packaging. The Customer shall bear the costs and risks of return transport. On receipt of the Product, the Vendor will check its conformity. If the non-conformity is recognized by the Vendor, he will, at his discretion, propose replacement, repair or reimbursement of the Product. Upon presentation of proof, the cost of returning the non-conforming Product will be reimbursed to the Customer.
3. NO WARRANTY SHALL APPLY IN THE EVENT OF NON-CONFORMING USE OR MAINTENANCE OF THE PRODUCTS, i.e. but not limited to: wear and tear due to regular use, loss of an item, and in general in the event of non-compliance with the instructions.

Article 9 - Liability  

The Vendor shall not be held liable in the event of non-performance of its obligations resulting from a case of force majeure, as defined by the French Civil Code and case law, or from a failure on the part of the Customer. The Vendor shall not be held liable for any non-conformity of the Products with the Customer's requirements, nor for any indirect or consequential damages, or expenses arising from the use or impossibility of use of the Product. In any event, if liability is incurred, it will be limited to the amount of the disputed order.

Article 10 - Industrial and intellectual property 

The AVERSE trademarks, jewelry models and all content reproduced on the E-shop are the exclusive property of the Vendor. Any reproduction or use, in whole or in part, of one or more of these elements, on any medium whatsoever, for purposes other than personal use for non-commercial purposes, is strictly forbidden.

Article 11 - Miscellaneous 

The Vendor reserves the right to modify the GTCS, it being understood that only the GTCS in force on the date of order validation apply. Should any of the provisions of these GTCS be cancelled, the other provisions will remain in force and the said clause will be replaced by a valid clause.  The fact of not asserting one of the provisions of the GTCS does not prevent its subsequent assertion, nor does it constitute a waiver of the rights set forth therein. 

Article 12 - Personal data

The customer's personal data communicated to the Vendor are processed in accordance with the data charter which is communicated to the customer and which he accepts in the same way as the GCS by ticking a box.

Article 13 - Disputes

The GTCS are subject to French law.

In the event of a complaint, the Customer shall send an email to contact@averseparis.com with his contact details, order number and details of the alleged breach and supporting documents.

The Customer is informed that the European Commission provides consumers in the European Union with an online dispute resolution platform accessible at : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

In the event of failure to reach an amicable solution or mediation, any dispute relating to the formation, performance and interpretation of these GTS will be subject to the exclusive jurisdiction of the competent French court.