The website www.cileabijoux.com is owned by the Limited Liability Company Ciléa with a share capital of 10 000 € with a registered office located 4, rue Legraverend – 35000 Rennes, registered with the Paris Company and Trade register under n° 537 636 425 with an intra-community VAT n°FR 775 376 364 25 (hereinafter « Ciléa Bijoux »).
The General Conditions of Sale set out below determine the rights and obligations of the Parties in connection with the online sale of Ciléa jewelery on its website www.cileabijoux.com. They are part of the contract between the Consumer and Ciléa Bijoux
The Consumer must declare that he has read all of these GTCS by accepting them without restriction or reservation. He has the right to oppose these Terms and Conditions. The Consumer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes.
Ciléa Bijoux reserves the right to modify the content of these clauses at any time. The applicable GTCS are then those registered on the date of the first payment of the order.
Unless proved otherwise, the information recorded by Ciléa Bijoux constitutes proof of all transactions.
1.1 Ciléa Bijoux allows to order products on www.cileabijoux.com, (hereinafter called the Website), by practicing its own e-commerce and exclusively with regard to end-users (referred as Clients.)
1.2 Ciléa Bijoux sells products on its remote sales Website only to retail and to final Clients. Any Order clearly not matching to a retail sale and, more generally, any fraudulent order or presumed as such, will be considered by Ciléa Bijoux as null and void. Ciléa Bijoux reserves the right to limit the quantities of any article delivered to the same Consumer or the same postal address. The Client, prior to the Order, affirms that the purchase of products on Ciléa Bijoux Website is not directly related to a commercial activity and is limited to a strictly personal use. For the purposes of these General Terms and Conditions of Sale, the Consumer and Ciléa Bijoux are collectively called the Parties.
1.3 These General Terms and Conditions of Sale exclusively govern the offer, transfer and acceptation of purchase orders for products on www.cileabijoux.com.
1.4 The acceptation of these General Conditions of Sale implies the full and unreserved acceptance of the Consumer to these GCS.
1.5 The Website www.cileabijoux.com is accessible to all online users in principle at anytime, except interruption, scheduled or not, by Cilea Bijoux or its providers, for the purposes of its maintenance, security and/or Force Majeure (as defined below). Ciléa Bijoux can not be held responsible for any damage, whatever its nature, resulting from unavailability of the Site.
1.6 Ciléa Bijoux does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, it may freely determine, at its sole discretion, any period of unavailability of the Site or its content. Ciléa Bijoux can not be held responsible for problems of data transmission, connection or unavailability of the network.
1.7 Ciléa Bijoux reserves the right to change the Website, for technical or commercial reasons. When these modifications do not alter the supply of services conditions, in a substantial and negative way, the Client can be informed of the changes that have occurred, but his/her acceptance is not solicited.
2.BUY ON CILEA E-SHOP
Below are the terms of purchase of a product on the whole Site:
2.1 Start by making your selection by surfing on the site.
2.2 Click on any images in order to have a sight on each product details.
2.3 Add items to your cart after having selected the size and quantity by clicking on “Add to Cart”.
2.4 Check the nature of the items added to your cart.
2.5 To delete an item, click on the trash icon. To change the number of items selected, change the quantity and click “Refresh”.
2.6 You can then finalize your order or choose to continue your purchases.
2.7 To conclude the purchase contract for one or more products on the Website, you must complete the order form proposed on the Website by following the instructions.
2.8 The contract is effective when Ciléa Bijoux receives, electronically, your order form and once the accuracy of the order data has been verified.
2.9 Before proceeding to the purchase of the products by the order form transmission, you will be asked to read carefully the General Conditions of Sale.
2.10 With the telematic transmission of the order form, you accept the General Conditions of Sale and you agree to observe, in the relationship with Ciléa Bijoux, these Conditions. If you disagree with certain terms indicated in the General Conditions of Sale, we invite you not to transfer your order form for the purchase of products on www.cileabijoux.com and to contact us by mail via the contact form .
2.11 The order form will be archived in our database during the necessary period to ship orders and according to legal deadlines. You will be able to access your order form, by consulting the heading “My account / See all the orders”.
2.12 Before proceeding to the command form transmission, you will also be asked to detect and correct typing errors
2.13 Available languages to conclude a contract with Ciléa Bijoux are French and English.
2.14 Once the contract concluded, Ciléa Bijoux will fully handle your order.
2.15 Once contract effective, Ciléa Bijoux will send you, by e-mail, a receipt of your order, containing a summary of the information written on the order form (General Conditions of Sale, information on the essential characteristics of the product and detailed indication of the price, means of payment, your right of return and delivery costs).
2.16 Ciléa Bijoux can refuse, cancel and terminate orders at any time for legitimate and legal reasons.
2.17 Ciléa Bijoux will also be entitled to refuse any order initiated by a Client with whom there is a dispute over the payment of a previous order as well as any order not in accordance with these Terms.
2.18 In these cases, Ciléa Bijoux will inform the Client by phone or by e-mail.
3.PRODUCT PRICE GUARANTEE AND INDICATIONS
3.1 Ciléa Bijoux do not sale used, defective products or products of inferior quality than market standards.
3.2 The products offered for sale are those described on the Websites, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Ciléa Bijoux. Ciléa Bijoux cannot be liable in case of an order cancellation because of stock depletion.
3.3 Images and colours of the products for sale on www.cileabijoux.com could however not match real colours under the effect of the web browser and the screen used.
3.4 Ciléa Bijoux doesn’t guarantee neither the precision nor the security of the information transferred or obtained through the Website. Some non-substantial errors may appear on the Websites, which the client acknowledges and agrees to.
3.5 Ciléa Bijoux takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
3.6 Product prices may be subject to updates. Check the final sale price before sending the relative order form.
3.7 Price are mentioned in the Websites in Euros, including V.A.T. but excluded any customs duties and other taxes. Customs duties and other taxes must be paid by the Client directly yo the carrier according to the country of destination. The costs of packing, order processing and shipping are indicated before validation of the order.
4.1 For delivery outside the European Union, the Client will have to pay the customs duties, or other taxes due to the importation of the products in the country of delivery. The formalities relating thereto are also the sole responsibility of the Client. The Client is solely responsible for verifying the possibilities of importing the Products ordered in regard to the rights of the country territory of delivery.
4.2 Ciléa Bijoux reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
4.3 The purchases shall be settled either via PayPal, via the secure platform provided by our partner Stripe or via bank transfer.
4.4 The client expressly acknowledges that disclosure of his/her bank card number to Ciléa Bijoux gives the company authorization to debit his/her account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Ciléa Bijoux to the email address registered by the client.
4.5 The data recorded and kept by Ciléa Bijoux constitute proof of the Order and all previous transactions. The data recorded by PayPal or Stripe constitute proof of any financial transaction between the Client and Ciléa Bijoux.
5.DELIVERIES AND RETURNS
5.1 Deliveries are carried out by Chronopost, Colissimo, La Poste and Mondial Relay from Monday to Saturday, depending on the option chosen by the client at the time of validating his/her order.
5.2 Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”).
5.3 Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
5.4 The risk of loss or deterioration of the Product is transferred to the Consumer at the time of Delivery.
5.5 By exception, the risk is transferred to the Consumer when the product is delivered to the carrier when this one is chartered by the Consumer and not by Ciléa Bijoux.
5.6 The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer’s residence, an individual of his/her choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
5.7 In case of inability to deliver the products at the address indicated by the client, due to an incorrect delivery address or the Consumer’s absence in the withdrawal of his Order from the selected pick-up point or the selected transport provider, products will be returned to Ciléa Bijoux which will refund the Client within five (5) days of the products’ receipt by Ciléa Bijoux.
5.8 Orders are shipped within a maximum period of fifteen (15) working days for a delivery in Metropolitan France and thirty (30) days for International, deliveries. This period is deducted from the first working day after the validation of the Order.
5.9 In order to meet these deadlines, Clients must make sure to provide accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.).
5.10 Ciléa Bijoux cannot be liable for the late Delivery caused by a case of force majeure.
5.11 If the delivery time is exceeded and is not justified by a case of force majeure, the customer client may request the cancellation of the sale and within a maximum period of fourteen (14) days will receive a refund of the Order. Notwithstanding the foregoing, Ciléa Bijoux cannot be liable of any direct or indirect damage resulting from delay of delivery, only the refund of the Product by Ciléa Bijoux being possible to the exclusion of any other form of compensation.
5.12 Deliveries can also be made in Point Relay by the Mondial Relay provider, subject to acceptation of the parcel by the selected Relay Point.
For any request for information or any complaints, you can contact Ciléa Bijoux by email at firstname.lastname@example.org.
5.14 Right of renounciation
5.14.1 In accordance with the Article L.221-18 du Consumer Code, the non-professional Consumer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from Ciléa Bijoux, without having to justify his decision.
5.14.2 Article L221-23 Le consommateur ne supporte que les coûts directs de renvoi des biens
5.14.2 Withdrawal rights can be exercised either by the Client’s logging on his/her account in the section “order”, or by his/her using and sending the model form of withdrawal contained in the annex of the General Conditions of Sale, by mail, to the following address: Ciléa Bijoux – 4 rue legraverend, 35000 Rennes, France, or by e-mail at email@example.com.
5.14.3 In case you exercise the right of renunciation, Ciléa Bijoux has the faculty of not accepting the return of the products which have been altered in their essential or qualitative characteristics or which have been damaged.
5.14.4 “Custom-made” or “Sur-Mesure” products, made especially for the customer, are not refundable.
5.15 Refund delays and modality
5.15.1 The right of withdrawal is exercised without penalty. Original shipping fees and duties/taxes are nonrefundable.
5.15.2 The Client returns the Order without undue delay and, at the latest, within fourteen (14) days of the communication of his/her decision to retract in accordance with Article L. 221-21 of the Consumer Code.
5.15.3 Beyond this period of fourteen (14) days, the sale is firm and final.
5.15.4 The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. The Client must return the Product, at his/her expense and risk (unless the product is not compliant or has a manufacturing defect), at Ciléa Bijoux, at the address mentioned on the withdrawal form at the latest in fourteen (14) days after the communication of the decision to retract.
5.15.5 The Order refund by Ciléa Bijoux is made no later than fourteen (14) days from the date on which it is informed of the Client’s decision to retract. Original shipping fees and duties/taxes are nonrefundable.
5.15.6 However, the refund is subject to Ciléa Bijoux being able to recover the Products subject of the return and the refund request.
5.15.7 Ciléa Bijoux executes the refund using the same payment mode than the one used for the payment of the Order, unless any agreement has been made by the Client to use another. If this mode of payment is inaccessible or has expired, the Client must contact the customer service to change the method of refund. This does not involve any costs for the Client. Ciléa Bijoux cannot be responsible for refunds on an expired payment method.
5.15.8 If the Consumer fails to comply with these T & Cs, Ciléa Bijoux will not be able to refund the Products concerned. In any case, the return shipping costs are the responsibility of Ciléa Bijoux if the Product delivered to the Client is different from the Product ordered or if it is delivered damaged.
6.1 Ciléa Bijoux can change any information contained in this Website at any time and without notice.
6.2 The Client acknowledges and agrees that Product prices may vary between the Website and stores, and that under no circumstances, can this difference justify a request for a refund, in whole or in part, of the Items purchased either on the Website, or in stores outside the exercise of his/her right of withdrawal under the conditions provided in these T & Cs.
6.3 Limitation of liability
6.3.1 Ciléa Bijoux’ liability related to the Products is limited to the sale price of each product. Ciléa Bijoux will not be responsible or liable for any of the following losses, whatever its cause:
– Loss of benefit or sales
– Loss or revenue
– Loss of profits or contract or opportunity
– Loss of expecting savings
– Loss of data
– Loss of business, management or administration time
– Damage to the image
– Lost chance and especially of sale or purchase of a product
– Psychological damage.
6.3.2 Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.
6.3.3 Ciléa Bijoux makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect the client agrees that it is his/her responsibility to install suitable anti-virus and security software on his/her computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at the client’s own risk and the client will be solely responsible for any damage to his/her computer system or loss of data that results from the download of any such content.
6.3.4 The User agrees to assume all of the risks linked to any contents downloaded or obtained in any other way through the use of the Website. The user agrees to be the only responsible of any damage caused to his/her computer system or any data loss resulting for contents downloading
6.3.5 Ciléa Bijoux is only required to deliver products complying to the contractual provision. Products are considered as compliant if the following conditions are fulfilled:
1) They comply to the description and have the features mentioned on the Websites.
2) They comply to the uses which may reasonably be expected of them.
3) They comply to the quality and strength which may reasonably be expected of similar products.
6.3.6 According to legal regulations, Ciléa Bijoux guarantees clients against compliance and latent defects, under the following conditions:
6.4 Legal guarantees
The Client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Client to ask for the refund of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
6.5 Conformity legal guarantees
6.5.1 Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, all the applicable texts are reproduced here:
6.5.2 Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
6.5.3 Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
6.5.4 Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
6.5.5 Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
6.5.6 Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
6.5.7 Within the legal guarantee frame of hidden vices, Ciléa Bijoux, to the Consumer’ choice, commits itself, after an evaluation of the vice :
– Either to refund the whole payment of the returned product,
– Either to refund a part of the product in the case the Consumer decides to keep the product.
6.6 Warranty disclaimer
Products that have been modified, repaired, integrated or added by the Client are excluded from the warranty. The warranty does not cover apparent defects. The warranty will not cover Products damaged during transport after Delivery or due to misuse.
6.7 Terms of implementation of the guarantees
6.7.1 In the context of the legal guarantee of conformity, the Consumer:
(i) has a period of two (2) years from delivery of the property to act;
(ii) may choose between repairing or replacing the goods, subject to the cost conditions provided in Article L217-9 of the Consumer Code;
(iii) is exempt from providing proof of the lack of conformity of the property during the two years.
6.7.2 The legal guarantee of compliance applies regardless the commercial guarantee described below.
6.7.3 The Client may also introduce an action based on the latent defect according to the Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the Client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.
6.7.4 The Client has the choice between two options: to keep the Product and ask for a price discount or to return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.
6.7.5 For any requirement about the legal guarantees, the Client must contact our Customer service to firstname.lastname@example.org or on the phone number +33221078860, from Monday to Friday, from 9am to 12pm.
6.7.6 These dispositions are not exclusive to the retractation right defined in the Article 5 below.
6.8 Consequences of the implementation of legal warranties
6.8.1 As part of the legal guarantee of conformity, Ciléa Bijoux is committed to the choice of the Consumer:
– To replace the Product with an identical product depending on the available stocks,
– To refund the price of the Product if the replacement of a Product is impossible.
6.8.2 As part of the legal guarantee of hidden defects, Ciléa Bijoux, according to the choice of the Consumer, agrees, after evaluation of the defect:
– either to refund the full price of the returned Product, or to refund part of the price of the Product if the Consumer decides to keep it.
6.9 Force Majeures
6.9.1 Upon the occurrence of an event of force majeure preventing the execution of these GCS, Ciléa Bijoux shall inform the Client within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt.
6.9.2 Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.It is an external, unpredictable and irresistible event.
6.9.3 All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation.
6.9.4 If the event of force majeure continues for more than three (3) months, the contract may be terminated by Ciléa Bijoux or the Client without compensation for one or other of the parties.
6.9.5 The default of payment made by the Client cannot be justified by any event of Force Majeure. Ciléa Bijoux’ liability cannot be hold in case of failure to one of its contractual obligations resulting of a fortuitous case or a case of Force Majeure as defined by the case-law rendered by French courts.
6.9.6 Ciléa Bijoux will not be responsible for any failure or delay in the order fulfilment. execution, caused by out of its control events. (Force Majeure cases).
7.RETENTION OF TITLE
Ciléa Bijoux retains full ownership of the Product sold until the full payment of the whole price, in principal, costs, taxes and mandatory contributions included.
If any provisions of this T&C’s is held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
No tolerance, inaction or inertia of Ciléa Bijoux shall be construed as a waiver of its rights under the GTC.
EXHIBIT 1 – TEMPLATE OF WITHDRAWAL FORM
(Complete and send the following form in case of the use of the withdrawal right. We advise you to indicate your order number.)
For the attention of Ciléa Bijoux, 4 rue legraverend, 35000 Rennes, France
E-mail : email@example.com
I hereby give notice that I withdraw from my contract of sale the following products:
Purchased on ……………..(date of the order) and/or received on ……………..(Delivery date)
Customer’s name :
Customer’s address :
Customer’s signature (only in case of notification in hardcopy)
For any information, please contact the Customer Service at firstname.lastname@example.org