General sales conditions between SAOYA and the consumer (Updated 15/03/2016)
These general sales conditions alone govern sales by the SAOYA company, a limited liability company with share capital of 301 350 euros, whose headquarters are located at 12 rue de la République 83330 LE BEAUSSET, France, registered with the TOULON Trade and Companies Register under number 411 586 829 (hereafter “SAOYA”), specialized in creating and manufacturing high-quality costume jewelery, to the customer making a purchase using the internet website www.saoya.fr (hereafter the “CUSTOMER”).
The online store used by the SAOYA company in the framework of its internet website provides the following information:
All of this information is presented in French. The CUSTOMER must indicate that he has the full legal authority to commit to these general conditions.
Article 1 - Entire agreement
1.1 These general conditions of sale and of use express all of the obligations for each party. It is understood that the CUSTOMER accepts them without reservation.
1.2 SAOYA and the CUSTOMER agree that the aforementioned acts alone govern their relationship. SAOYA reserves the right to modify these general sales conditions applicable as of their posting online, and recalls that in cases of disputes, only the general conditions in effect at the time of entering into the contract will be valid.
1.3 Should a general sales condition prove lacking, that condition would be governed by the practices in effect in online sales by companies based in France.
1.4 No general or specific condition appearing in documents sent or presented by the CUSTOMER can be added to this document, should they be incompatible with these general conditions.
Article 2 - Purpose
2.1 The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods proposed by SAOYA to the CUSTOMER.
2.2 These general conditions concern only purchases made by CUSTOMERS located in France and whose products purchased are delivered within the France and its territories.
ARTICLE 3 - Entry into effect
These general conditions take effect upon their acceptance on the purchase order.
Article 4 - Orders
4.1 To place an order on the website, the CUSTOMER must first create an account using the “LOGIN” or “ORDER” tab in the “CART” area, using an email and a freely-chosen confidential personal password. Once the account has been created and the products have been added to the cart, the CUSTOMER must verify its content and can correct that content as needed. Then, the customer chooses the invoice address and the shipping address, the method of shipping and a means of payment accepted by SAOYA, and accepts these general sales conditions by placing a check in the place indicated. The order is considered as accepted upon the customer clicking the “order with mandatory payment” button. The sales contract is then in effect, and the CUSTOMER has at that point definitively committed to paying for the order, excepting the right to cancel. The contract information is sent in an order confirmation email. If the CUSTOMER does not receive this email within 48 hours of placing the order, they should contact SAOYA customer service at firstname.lastname@example.org. The CUSTOMER may then track the progress of his order through his personal account or by contacting SAOYA customer service.
4.2. The CUSTOMER may not communicate to any third parties the passwords required to access the website. SAOYA cannot be held liable for any actions undertaken on the personal account of the CUSTOMER by a third party to whom the CUSTOMER has provided the passwords or who may have gained access to the passwords or to the personal account of the CUSTOMER due to breach or negligence on his part.
4.3 A placed order implies acceptance of both the descriptions and prices of the products sold.
4.4 In some cases, and notably in cases of incorrect addresses or other problems on the CUSTOMER account, SAOYA reserves the right to stop the CUSTOMER order until the problem is resolved.
Article 5 - Proof of the transaction
5.1 Digital registries, stored in the SAOYA computer systems in prudent security conditions, will be recognized as proof of communication, of orders, and of payments between the parties. The archival of purchase orders and invoices is made on a reliable and durable support which can be provided as proof.
5.2 The use online by the CUSTOMER of a bank card number, or where applicable the validation of the “PayPal” payment process, is recognized as an electronic signature in accordance with the provisions of article 1316-4 of the Civil Code.
Article 6 - Information on the products
The products governed in these general conditions are the same are presented verbatim on the SAOYA internet website. Sales are limited to available stocks. The products are described and presented as accurately as possible. If ever errors or omissions do occur in presenting them, SAOYA cannot be held liable. The photographs of the products are not contractual.
Article 7 - Price
7.1 SAOYA reserves the right to modify its prices at any time, but commits to applying the prices in effect at the time of the order so long as stocks are available at that time. When placing an order, the CUSTOMER is required to make sure that the price of the products he is ordering are the ones displayed on a refreshed page of the www.saoya.fr website and not an expired page which could be found by searching the Internet in “cache” mode.
7.2 The prices are indicated in euros. The price of the product does not include additional shipping costs invoiced additionally. These costs are indicated before the order is validated.
For sales in France and the European Union: These prices do include the VAT applicable on the day of the order and any change in the applicable VAT rates will automatically modify the prices of the products for sale in the online store, including shipping costs. Full payment is required when the order is placed. Sums can never be paid as down-payments or deposits.For sales outside the European Union: When ordering products from SAOYA for delivery outside of the EU, the CUSTOMER may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the CUSTOMER; SAOYA has no control over these charges. Customs policies vary widely from country to country, so the CUSTOMER should contact his local customs office for further information. Additionally when ordering from SAOYA, the CUSTOMER is considered the importer of record and must comply with all laws and regulations of the country in which he is receiving the products.
7.3 If one or many taxes or contributions, particularly environmental contributions, should be created or modified, either raised or lowered, this change may lead to modification of the product sales price and / or the shipping price.
Article 8 - Means of payment
8.1 To pay for the order on the SAOYA website, the CUSTOMER may choose between paying
The terms for using the various means of payment are available and explained on the “0.5 Payment” page. If the CUSTOMER does not agree with the terms, he can return to the previous page to choose another means of payment or can cancel the order.
8.2 For payments by check or bank transfer, the order will be handled upon receiving the full payment. While awaiting the payment, SAOYA commits to reserving the products ordered for 8 calendar days. Beyond this period, SAOYA will consider the order to have been cancelled. In order to facilitate the processing of orders paid by check, the CUSTOMER is asked to indicate the reference number of the order indicated in the order confirmation email on the back of the check.
In order to facilitate orders by bank transfer, the CUSTOMER is asked to name the payment with the order reference number.
8.3 Transactions by bank card are secured by the services of partner bank Crédit Agricole, through the “3D Secure” protocol for securing internet exchanges.
8.4 The CUSTOMER ensures SAOYA that he has all the required permissions to use the means of payment chosen when validating the purchase order.
8.5 SAOYA reserves the right to cancel any order process and any shipping if payment authorization is declined by an officially accredited body, if orders are not paid within the time indicated, or for any other reason deemed necessary by SAOYA stemming from the abnormal nature of an order, and particularly for an individual placing an overly voluminous order or using several personal accounts for the same person. SAOYA reserves the right to refuse to ship or to honor an order by a CUSTOMER who has not fully paid a previous order or with whom there exists a dispute involving a current payment.
Article 9 - Product availability
9.1 The products and the prices on the website are valid so long as they appear on the website. Acceptance of orders is limited to the stocks available.
9.2 If a product should be temporarily unavailable, particularly due to SAOYA suppliers, the CUSTOMER is notified as quickly as possible and has the possibility to cancel the order. If a product ordered becomes definitively unavailable, SAOYA informs the customer of such as quickly as possible, cancelling the order for the unavailable product and reimbursing to the CUSTOMER the sums transferred within 14 days of their payment.
Article 10 - Order processing and shipping times
10.1 Except in the case of uncontrollable events or during periods when the online store is offline which are clearly announced on the homepage of the website, the shipping times, contingent on stocks being available, are those indicated below.
10.2 For online payments or payments by bank transfer, the order is processed within 3 working days after confirmation of the payment by the banking institution of SAOYA. For payments made by check, the order is processed within three days after being cashed by SAOYA.
10.3 For shipping in metropolitan France, the shipping time is a maximum of 7 working days from the day the order is processed.
Article 11 - Terms of shipping
11.1 An electronic invoice is available on the personal account of the CUSTOMER, and a paper invoice is provided in the package.
11.2 When the CUSTOMER indicates the shipping address to a third party, SAOYA assumes that he has already obtained the consent of the person in question and declines any responsibility in cases of disputes.
11.3 Any product sent back to SAOYA due to an incomplete or incorrect shipping address will be sent back at the expense of the CUSTOMER.
If the delivery deadline indicated to the CUSTOMER is not met through no fault of the CUSTOMER, nor to an unforeseeable and debilitating occurrence by a third party to this contract or in case of uncontrollable events, the CUSTOMER can request the cancellation of the sale by registered letter with receipt acknowledgement or in writing on another durable medium. To do so, he must contact SAOYA by registered letter with receipt acknowledgement and request that the product or products be shipped in a reasonable additional time. If SAOYA has not taken action within this additional time period, he should send a registered letter with receipt acknowledgement requesting cancellation. The contract will be considered as cancelled upon SAOYA receiving a letter indicating the cancellation, unless SAOYA has already taken action in the meantime.
In cases of cancellation due to late delivery of the product(s), SAOYA commits to reimbursing the CUSTOMER all of the sums paid within 14 days following the date on which the CUSTOMER terminated the contract.
Article 13 - Right to cancel
13.1 In accordance with the articles of the Consumer Code, the CUSTOMER has 14 calendar days during which to exercise his right to cancel, as of the date on which the order was received by him or by a third party other than the SAOYA transporter. The CUSTOMER can exercise his right to cancel by sending a written request (mail, email) to cancel the order using the cancellation form available here.
13.2 The item or the idems of the order will be returned using the indications provided by SAOYA contained in the receipt acknowledgement sent by email. To be returned, the products must be sent back whole, with their complete original packaging intact, and in perfect condition for resale. They must be returned within the 14 calendar days following the communication of the right to cancel at the address indicated below :
12 rue de la République
83330 LE BEAUSSET, France
13.3 This right to cancel can be exercised freely and without any justification, as the return costs are at the expense of the CUSTOMER. SAOYA will reimburse the CUSTOMER all of the sums paid for the order within 14 calendar days following the reception of all the products (excepting additional shipping costs if the CUSTOMER has intentionally chosen a more expensive shipping option than the standard shipping options made available by SAOYA). The CUSTOMER will be reimbursed using the same means of payment as used when placing the order, unless the CUSTOMER formally agrees for SAOYA to use another means of payment and in the measure where such a reimbursement does not generate additional costs for the CUSTOMER. The CUSTOMER may also opt for another type of reimbursement such as a check if SAOYA proposes it.
13.4 If the conditions mentioned previously are not met, SAOYA reserves the right to refuse the CUSTOMER package or the reimbursement. In this latter case, the package will be returned at the expense of the CUSTOMER. If the products are returned beyond the time period indicated beforehand, the CUSTOMER will not be reimbursed and will be informed that the products will remain available at the warehouse for 2 months. During this time period, the products may also be sent back to the CUSTOMER at his expense and upon request. Beyond this time period, the products are kept by SAOYA.
Article 14 – Compliance and Guarantee of the products
14.1 All the products supplied by SAOYA benefit from the legal compliance guarantee provided in articles L.221-4 to L.211-13 of the Consumer Code and of the legal guarantee for hidden defects provided in articles 1641 to 1648 of the Civil Code.
14.2 By virtue of these guarantees, SAOYA commits to either reimbursing or exchanging defective products or products that were not ordered, as per the choice of the CUSTOMER.
14.3 Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code concerning the legal compliance guarantee:
Article L211-4 of the Consumer Code: “The seller must deliver goods in compliance with the contract and is liable for compliance defects which exist upon delivery.
He is also liable for compliance defects resulting from packaging, from assembly instructions, or from the installation if the same has been contractually undertaken by the seller or else performed under his responsibility.”
Article L211-5 of the Consumer Code: “To comply with the contract, the product must:
1° Fit the usual purpose of this type of product and, where applicable:
- match the description given by the seller and possess the qualities presented to the buyer as a sample or model;
- possess the features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2° Or have the qualities defined by joint agreement by the parties or be suitable for any particular purpose sought after by the buyer, made known to the seller, and accepted by the seller.”
Article L211-7 of the Consumer Code : “Compliance defects appearing within six months of delivery of the product are assumed to have existed at the time of delivery, unless proved otherwise.
The seller can contest this assumption if it is not compatible with the type of product or the compliance defect in question”.
Article L211-12 of the Consumer Code: “Action resulting from compliance defects may only be taken within two years following the delivery of the product.”
Article L211-13 of the Consumer Code: “The provisions of this section do not negate the right of the buyer to take an action resulting from latent defects by virtue of articles 1641 to 1649 of the Civil Code or any other action recognized by the law regardless of its contractual or non-contractual nature.”
Articles 1641 and 1648, 1st subparagraph of the Civil Code concerning the legal guarantee for hidden defects:
Article 1641 of the Civil Code : “The seller guarantees the item sold against any hidden defects making it unfit for the use that it was designed for, or which degrade its usability to such point that the buyer would not have bought it, or would only have paid a lesser price, if he had been aware of them.”
Article 1648, 1st subparagraph of the Civil Code: “Any action stemming from hidden defects must be taken by the buyer within two years as of the discovery of the defect.”
Article 15 – Implementation of legal guarantees and shipping errors
15.1 In order to benefit from the guarantee or to indicate a delivery error, the CUSTOMER must provide the order number and the reference number for the article in question (this information is indicated on the order confirmation and on the purchase invoice) and address his request to the customer service
In order to ensure speedy and quality handling of the guarantee, the CUSTOMER must indicate his address, his order number and the reference number of the article in question and will detail fully the problem which has arisen and, where applicable, will include with the mail a photograph of the product defect.
Upon receiving this request, the customer service of SAOYA will get in contact with the CUSTOMER within 3 working days to indicate the procedure to follow.
15.2 In case of a delivery error or when a legal guarantee is acted upon, any product to be exchanged or reimbursed must be returned according to the indications provided by SAOYA, in whole and in its original packaging.
15.3 The CUSTOMER is formally informed that SAOYA is not the manufacturer of the products presented according to the terms of law n°98-389 of 19 May 1998 concerning responsibility stemming from defective products.
Article 16 - Uncontrollable events
16.1 Any circumstances independent of the will of the parties which prevent the execution of their obligations in normal conditions are considered as causes for exempting the obligations of the parties and suspending them.
16.2 The party invoking the circumstances described above must immediately inform the other party of their occurrence and of their remediation. Uncontrollable events are understood to be any unavoidable occurrences or circumstances not caused by the parties that are unforeseeable, inevitable, and independent of the will of the parties which have no control over them, despite all reasonable efforts possible.
16.3 Formally, in addition to the occurrences generally recognized by French courts and tribunals, the following are considered as uncontrollable or fortuitous events: blocking of means of transport and supply, earthquakes, fires, storms, floods, lightning, breakdown of telecommunication networks or difficulties specific to the external telecommunication network of the CUSTOMER.
Article 17 – Use of personal data
17.1 In compliance with the articles the 6 January 1978 and of 6 August 2004 laws relative to information systems, to files and to freedoms, the automated processing of personal data handled on this website has been declared to the CNIL (National Commission for Data Protection and Liberties) under n°1773148 dating from 12 June 2014.
17.2 In carrying out its responsibilities for the processing, SAOYA processes personal data for the main purpose of managing the CUSTOMER registration and managing the order. The personal data of the CUSTOMER are only sent to third parties for managing the order.
17.3 The CUSTOMER is entitled to access, to query, and to make modifications allowing him, where necessary, to correct, complete, update, lock, or erase personal data concerning him that are incorrect, incomplete, ambiguous, outdated or whose collection, use, communication or storage is prohibited. The CUSTOMER can access this information and modify or delete it from his personal account.
17.4 The CUSTOMER is also entitled to oppose the processing of his data for legitimate reasons. The CUSTOMER is informed that this opposition will prevent the processing of the order and will cause its cancellation, without SAOYA being held liable.
17.5 All of these rights can be exercised through the SAOYA customer service by postal mail accompanied by a copy of an identity card bearing a signature.
Article 18 – Partial invalidity
If one or several of the stipulations of these general sales conditions are held as invalid or are declared such through application of a law, a regulation or following the definitive decision of a competent jurisdiction, the other stipulations will nonetheless retain their full effect and scope.
Article 19 - Non waiver
The fact that one of the parties should not raise the issue of a failure by the other party in complying with any one whatsoever of the obligations mentioned in these general sales conditions may not be construed as a waiver of the obligation in question.
Article 20 - Heading
In the event of a difficulty in interpreting any of the headings above the clauses or any of the clauses to which it refers, the heading will be declared null and void.
Article 21 - Applicable law
These general conditions are governed by French law. This applies whether in regard to fundamental rules or to rules pertaining to form. In the case of a dispute or a claim, the CUSTOMER will firstly contact SAOYA to reach an amicable solution.
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