TERMS AND CONDITIONS OF SALE
1. WEBSITE USE
This Site is the property of the company 5 OCTOBRE, registered in the Creteil Trade and Companies Register under the number 484 897 897, 37 avenue de la Belle Gabrielle, 94130 Nogent sur Marne.
The information contained on the Site, the trademarks, logos, software, texts, images, graphics as well as the database and the structure of the Site are the exclusive property of 5 OCTOBRE and are protected by the Intellectual Property Code. You may only download, copy or print a page from the Site for your personal use, and provided that you respect the copyright and ownership notices. Any use for commercial purposes or any public distribution is prohibited; For any request concerning the information contained on this Site, please contact us by e-mail.
Any other use not expressly referred to herein is not authorized and requires the express prior written consent of 5 OCTOBRE.
The present General Terms and Conditions of sale apply to all orders placed with 5 OCTOBRE for all items and services offered on the Site by non-trading individuals. Consequently, the fact for any person to order a product offered for sale on the Site implies full and complete acceptance of these General Terms and Conditions of sale of which the Customer acknowledges having read prior to his order.
5 OCTOBRE reserves the right to modify its Terms and Conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order placed by a Customer on the Site are those accepted by the Customer at the time the order is placed.
2. ORDERS
2.1
Before purchasing the products, please read the General Terms and Conditions of Sale carefully. The fact of ticking the box "I accept the General Terms and Conditions of Sale", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be challenged in the cases restrictively provided for in these General Terms and Conditions of Sale under the paragraph "right of withdrawal". By this act, the Customer acknowledges having read and understood the present Terms and Conditions and accepts them. The purchase by telephone also implies the acceptance of the present Conditions which he acknowledges having previously read, understood and accepted in the above-mentioned conditions.
2.2
An order can be placed by internet 24 hours a day, 7 days a week.
Once the selection of products has been made, and the basket validated, the Customer must :
- clearly identify the selected products with the color and/or size options indicated on the Site
- indicate the quantities requested ;
- identify itself either by entering its email address and password which are strictly personal, or by mentioning all the information usually requested for an online registration;
- clearly indicate the information necessary for delivery. This concerns in particular the precise delivery address as well as possible restrictions of accessibility of the place of delivery (building, floor, digicode, etc.);
- Indicate the delivery method chosen;
- finally, indicate the chosen method of payment.
Once the method of payment has been selected, the Customer must proceed with the payment of his order on the secure interface, which will formalize in a firm and definitive manner the contract of sale binding him to 5 OCTOBRE.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In all cases, the online provision of the credit card number and the final validation of the order will be considered as proof of the order and the due date of the sums for the products selected in the order. This validation is worth signature and acceptance of all operations carried out on the Site.
2.3
An order will not be processed if it presents insufficient guarantees in terms of solvency, considered incomplete or incorrect, or in the event of unavailability of the products. In this case, we will inform you by e-mail of the non-fulfilment of the contract and of the fact that we did not follow up on your order, with justification. An e-mail is automatically sent to confirm the order, provided that the e-mail address given in the registration form does not contain an error.
It is the Customer's responsibility to verify the completeness and conformity of the information provided to 5 OCTOBRE. The latter shall not be held liable for any data entry errors and the consequences in terms of late or incorrect delivery. In this context, all expenses incurred for reshipment shall be borne by the Customer.
2.4
The Customer may at any time consult the status of his order by going to the "My Account" section on the Site; this tracking allows the Customer to know the status of the processing of his order, but also the status of shipping or delivery of his packages.
Our customer service is available Monday to Friday from 10 am to 6 pm for any further information.
3. PRODUCT INFORMATION
3.1
According to article L.111-1 of the Consumer Code, the essential characteristics of the products are presented on each description of the product on the Site. However, it is possible that images and colors of the products offered for sale may not correspond exactly to the items depending on the Internet browser and screen used. This information is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products. The Customer is informed, subject to its rights, of the possibility of a difference in presentation on Delivery resulting from a change in packaging (photography and illustrations), this difference not affecting in any way the content and characteristics of the Product.
3.2
The prices of the Products may vary. Before validating the order, please check the final price indicated. If an error was find in the price indicated or in the calculation of the amount required at the time of payment, we may reject the order and will contact the Customer in order to offer the opportunity to purchase the Product(s) concerned at the correct price.
4. PAYMENT
4.1
Your account will be charged in the currency chosen. Please note that the currencies chosen may be restricted by your shipping destination.
Prices for shipment to the United States will be shown in USD ($). For all other countries, prices will be shown in EUR (€).
Precious metal prices are constantly changing and the prices displayed on the Site are subject to change at any time.
Prices do not take into account delivery charges, taxes and customs, any promotional offers and personal reductions, indicated before the final validation of the order.
4.2
In the event of payment by credit/debit card, all information (e.g. card number or expiry date) will be transferred, by means of an encrypted protocol, to banks providing remote electronic payment services, without third parties being able to access it under any circumstances. This information will only be used to carry out the procedures related to your purchase, or to issue refunds in the event of return of the products, in accordance with your right to return them, or if it proves necessary to report to the competent authorities the occurrence of fraud on the Site. The prices for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be debited from your account when the items are shipped.
4.3
As part of an order verification procedure designed to ensure that no person uses another person's bank details without their knowledge, you may be asked to send a copy of an identity document and proof of address by fax or e-mail. The order will be validated only after receipt and verification by our services of the documents sent. If these documents are not received within 15 days of the order being placed, the order will be deemed to be automatically cancelled.
5. SHIPMENT AND DELIVERY
5.1
You can contact us for more information about the delivery conditions in a specific country in the world. Orders to countries outside the European Union are not subject to French VAT. However, they are subject to possible taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the Client/recipient. They are to be paid directly to the carrier at the time of delivery. The Customer is also responsible for checking the possibilities of importing the products ordered with regard to the law of the country of delivery. We recommend contacting the Customs Department for more information. For any delivery to the United States, customs duties are prepaid and you will not have to pay any additional fees upon delivery.
5.2
Products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information he provides to 5 OCTOBRE. The latter shall not be held liable for any data entry errors and the consequences in terms of late or incorrect delivery. In this context, all expenses incurred for the reshipment of the order will be entirely at the expense of the Customer.
5.3
Please order with sufficient time to avoid any disappointment resulting from delivery times for which 5 OCTOBRE cannot be held responsible. If your order cannot be delivered within the time period specified at the time of ordering, we will inform you and we will do our best to restore the situation as soon as possible. All new orders are considered separately and treated individually.
6. WARRANTY
In accordance with the legal provisions provided for in articles 1641 to 1649 of the Civil Code as well as the provisions of articles L.217- 7 to L.217-14 of the Consumer Code, the jewels are covered by a twenty-four (24) month guarantee in case of non-conformity and hidden defect.
This warranty does not apply in case of inappropriate use such as damage (deformation and destruction of the products as well as breakage and loss of stones, which would be the consequence of mechanical actions, shocks or handling defects, without the list being exhaustive) nor in case of breakage and/or loss as well as on any jewelry that has been the subject of any operation carried out in a workshop other than that of 5 OCTOBRE.
7. RETURN AND CANCELLATION
We design and manufacture jewelry with passion and exigency and hope that you will experience the same pleasure in discovering it. If your jewelry does not meet your expectations or if you encounter a size problem, you can return it to us within 14 days of receipt of your order. We will then offer you a refund. This offer only applies to online sales. Your purchases in our Parisian Gallery can be the subject of an exchange or a credit note but not a refund.
7.1
In accordance with article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days to exercise your right to withdraw from the sales contract, without having to give reasons, from the day of receipt of the products or, if the "Click & Collect" option (if applicable) was selected at the time of purchase, within fourteen (14) days from the date on which the product was withdrawn. Except in special circumstances, the Customer may exchange or replace the products purchased with other products.
7.2
If the Customer wishes to withdraw from the contract of sale, he may use one of the following methods, as provided for in article L.221-24 of the French Consumer Code :
a) Online transmission to the Seller of a Return Form, completed in its entirety; in this case, the Seller will send an e-mail confirming receipt of the return request.
b) Sending to the Seller of another statement, explicitly indicating the Customer's withdrawal.
7.3
Once the time limit for withdrawal from the sales contract has been exercised, the products must be returned within fourteen (14) days from the date on which we were informed of the Customer's wish to withdraw from the contract.
7.4
The shipping costs for return will be at the Customer's charge and will be considered fully responsible in the event of loss or damage of the products during transport, whether this results from the choice of an unsuitable carrier and/or shipping methods.
7.5
In addition to compliance with the terms and conditions, the right of withdrawal from the contract of sale will be deemed to be properly exercised if the following conditions are met in their entirety :
1. The right of withdrawal has been correctly exercised within a period of fourteen (14) days from the date of receipt of the products.
2. The products have not been worn.
3. The products are returned in their original packaging.
4. The products are entrusted to the carrier within a period of fourteen (14) days from the date on which the Customer informed of his wish to withdraw from the contract.
5. The products are in perfect condition.
In accordance with article L.221-28 of the French Consumer Code, the right to withdraw from the contract of sale cannot be exercised in the event of the purchase of products made to the consumer's specifications or clearly personalized.
In the event that the conditions of return do not respect the time limits and methods mentioned above, in accordance with article L.221-23 of the French Consumer Code, you will be considered responsible for the reduction in value of the returned products resulting from a use other than that which allows their nature, characteristics and operation to be evaluated. The estimated reduction will be calculated as a percentage between 10 and 90% of the amounts paid for the purchase of the products, which will be deducted from your refund . An e-mail will then be sent to you indicating the reason for refusing the return. You will have the possibility, at the latest within fourteen (14) days from the date of sending the e-mail informing you of the non-acceptance of the return, to recover the products, at your expense, in the same condition as at the time of return, by informing you of your choice, according to the terms that will then be indicated to you. Failing this, we will be able to keep the products, as well as the amounts already paid for their purchase.
8. REFUND PROCEDURES
8.1
Regardless of the method of payment used, the refund, total or partial, will be activated as soon as possible, and in any case no later than fourteen (14) days from the day we are informed of the exercise of the right of withdrawal, and after verification of compliance with the terms of return and confirmation of the satisfactory condition of the returned products.
8.2
We will proceed to the refund via the method of payment used for the purchase of the returned products. If the recipient of the products indicated in the order form does not correspond to the person who made the payment for the said products, if the right of withdrawal is exercised, the refund will be paid to the person who made the payment for the purchases.
8.3
In accordance with article L.221-24 of the French Consumer Code, we will refund the full price of the products purchased, except in specific cases mentioned in 7.5. The only costs to be supported by the Customer will be the cost of return, unless we have expressly exempted the Customer at the time of purchase.
9. APPLICABLE LAW AND DISPUTE RESOLUTION
9.1
Without prejudice to the application of the mandatory provisions specified by the EU in terms of consumer protection, the General Terms and Conditions of Sale are governed by French law, in particular the French Consumer Code.
9.2
In the event of a dispute between the Seller and a Customer concerning the General Terms and Conditions of Sale that cannot be resolved through Customer Service, we accept the possible use of alternative dispute resolution services made available to consumers, as stipulated by French law. (https://www.economie.gouv.fr/mediation-conso/saisir-mediateur#secteur%202)
9.3
We also inform you that the European Commission has a platform for the out-of-court settlement of disputes, accessible on the website http://ec.europa.eu/odr.