GENERAL CONDITIONS OF SALE AND USE
ARTICLE 1 – PURPOSE AND ACCEPTANCE OF THE GTC
The company Bijoux Thyca, specializes in the online marketing of jewelry, hereinafter referred to as the "Product(s)". These General Terms and Conditions of Sale, hereinafter referred to as the "GTC", apply to all sales operations of Products sold by Bijoux Thyca on the website https://bijouxthyca.com/, hereinafter referred to as the "Site", to any natural person for use outside their professional activity, hereinafter referred to as the "Customer" and whose delivery is international. Any order placed on the Site constitutes full and complete acceptance of these GTC. No Product from the Site may be purchased by the Customer without having first accepted these GTC. For the application of these terms and conditions, it is agreed that the Customer and Bijoux Thyca are collectively referred to as the "Parties" and individually referred to as the "Party".
ARTICLE 2 – PRODUCTS 2.1
– Essential characteristics of the Products and presentation Bijoux Thyca informs the Customer of the essential characteristics of the Products offered for sale on the Site. The Customer can consult the essential characteristics of the Products by clicking on “Product Details”. The representation of the Products on the Site is not contractual. As computer or smartphone screens can alter or change the colors differently as well as the appearance of the materials Bijoux Thyca is not responsible for the accuracy of the colors of the Products or the appearance of the Product posted on the Site. 2.2 – Conservation of Products Bijoux Thyca respects the optimal conditions for good conservation of the Products. Bijoux Thyca cannot be held responsible in the event of deterioration of the quality of the Products due to poor conservation of these by the Customer. 2.3 – Availability of Products Bijoux Thyca undertakes to honor online orders within the limit of available stocks. The Products available are those appearing on the Site on the day it is consulted by the Customer, unless otherwise stated. The Customer can know the stock of the Product he wants, but this stock is communicated for information purposes only. At any time, Bijoux Thyca reserves the right to stop marketing a Product, without this calling into question the orders already placed for said Product. In the event of unavailability or out of stock of a Product ordered, Bijoux Thyca undertakes to inform the Customer as soon as possible by email or telephone. The Customer may then cancel his order. In the event of cancellation, the Customer will be reimbursed within a maximum of fourteen (14) days from receipt of his refund request if payment has already been made.
ARTICLE 3 – PLACING AN ORDER 3.1
– Customer account Orders are placed online, directly on the Site. When placing the first order, the Customer must create a customer account by providing their personal information, including: Title First name Last name Valid email address Password Date of birth The Customer agrees to provide accurate and complete information. The information provided by the Customer when creating their customer account is binding on the Customer. Bijoux Thyca is not responsible for the non-receipt of Products in the event of an error in the Customer's personal information attributable to the latter. If the Customer loses their password, they can follow the "Forgotten password" link. They will be asked to enter their email address in the corresponding field and the system will send them a link allowing them to change their password. 3.2 – Terms of placing an order The Customer browses the Site and places their order from the Products presented on the Site. The Customer places their cursor on the Product they wish to view. By clicking on the Product, he/she accesses the essential characteristics of the Products and their presentation. The Customer can select the quantity of the Product he/she wishes to purchase, then click on "Add to cart". When the Customer has a customer account, he/she identifies himself/herself using his/her email address and password determined when registering. The Customer can modify his/her personal information and in particular the delivery address. The Customer has the option of using a billing address different from his/her delivery address by unchecking the box "Also use this address for billing". The Customer then selects his/her delivery method, then his/her payment method where he/she enters his/her bank details. The Customer must check the box "I have read the General Terms and Conditions of Sale and I adhere to them without reservation". In this way, he/she acknowledges having read these General Terms and Conditions and accepts them without reservation. Finally, to validate his/her order, the Customer clicks on the icon "order with payment obligation". The Customer then receives an order confirmation and the invoice to the email address that the Customer provided when placing the order. As soon as the order is registered and at the latest at the time of delivery of the Product, an acknowledgement of receipt of the order is sent to the email address that the Customer provided. This acknowledgement of receipt specifies: The order number The essential characteristics of the Product The quantity of Products The amount invoiced, including shipping costs Confirmation of payment The terms and delivery address of the order The contact details of Bijoux Thyca A withdrawal form and information relating to the terms and conditions for exercising the right of withdrawal by the Customer This acknowledgement of receipt validates the transaction. The Customer accepts that the computerized recording systems constitute proof of purchase and its date. Bijoux Thyca reserves the right to refuse or cancel any order from a Customer in the event of: Dispute relating to non-payment of a previous order existing with the Customer Abnormal orders with regard to the quantities ordered.
ARTICLE 4 – FINANCIAL CONDITIONS 4.1
– Prices Prices are indicated in €uros including all taxes, excluding transport costs and excluding customs duties or other duties and/or taxes related to the importation of the Products into the Customer's country, where applicable, which the latter will be responsible for. It is specified that the value added tax is the French VAT at the normal rate in effect on the day the order is validated. Bijoux Thyca reserves the right to modify the prices indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in effect at the time the order is validated by the Customer. 4.2 – Delivery costs The amount of the delivery costs depends on the geographical area of delivery and the weight of the order. In any event, the amount of the delivery costs is indicated to the Customer before the order is validated. The delivery costs are listed in a price list for transporting orders. Deliveries outside Europe may be subject to fees, customs duties and/or taxes. 4.3 – Payment terms The entire payment of the order is made directly on the Site, when ordering. Payment is made exclusively by credit card. At no time do the Customer's financial data pass through Bijoux Thyca's computer system. The transaction is immediately debited from the Customer's credit card after verification of the credit card data, upon receipt of the debit authorization from the company issuing the credit card used by the Customer. In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his credit card, the Customer authorizes Bijoux Thyca to debit his credit card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included. To this end, the Customer confirms that he is the holder of the credit card to be debited, that the name appearing on the credit card is indeed his and that he has the necessary authorizations to proceed with the payment if applicable. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram. In the event that the debit of the sums owed by the Customer is impossible, the online sale will be immediately resolved by operation of law and the order will be cancelled.
ARTICLE 5 – RESERVATION OF OWNERSHIP OF PRODUCTS SOLD
The Products remain the property of Bijoux Thyca until receipt of all sums owed by the Customer for the order, including costs, taxes and customs duties (if applicable).
ARTICLE 6 – DELIVERY
The Products are delivered to the delivery address indicated by the Customer during the ordering process. The Customer will be required to verify the completeness and conformity of the information provided to Bijoux Thyca, the latter not being, under any circumstances, responsible for any data entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the Products will be entirely borne by the Customer. Bijoux Thyca will deliver orders accompanied by an invoice within a maximum of thirty (30) working days in mainland France. It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing, preparation and delivery times of the order. They run from the date of confirmation of the order by Bijoux Thyca. In the event of the delivery date being exceeded, the Customer may obtain the termination of the sales contract by sending a registered letter with acknowledgement of receipt to the following address: Bijoux Thyca – 10 allée Paul Gauguin 95640 Marines, if, after having ordered Bijoux Thyca to make the delivery within a reasonable additional period, the latter has not been carried out within this period. The contract is, where applicable, considered terminated upon receipt by Bijoux Thyca of the letter, unless it has made the delivery in the meantime. In the event of termination, the Customer will be reimbursed, by any means of payment, for all sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt of the letter by Bijoux Thyca. Bijoux Thyca cannot be held responsible for the non-performance of the contract, in particular in the event of failure to deliver, due to the Customer (incorrect delivery address) or to a case of force majeure.
ARTICLE 7 – RECEPTION
Upon receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to issue, if applicable, any reservations and complaints on the carrier's delivery slip and to inform Bijoux Thyca by sending a copy of the reservations made to the carrier by post or email within two (2) working days following the date of delivery of the Products to the following address: Bijoux Thyca - 10 allée Paul Gauguin 95640 Marines or to the following email address: bijouxthyca@gmail.com. The Customer must also make any complaint to Bijoux Thyca within two (2) days of delivery regarding delivery errors and/or shortages. Any complaint made after this period will be rejected without the possibility of appeal.
ARTICLE 8 – GUARANTEES
The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any non-conformity or defect must be notified to Bijoux Thyca within the legal time limits. In this respect, it is recalled that Bijoux Thyca is responsible for defects in conformity of the Product under the conditions of Article L.217-12 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. When acting under the legal guarantee of conformity, the Customer: Benefits from a period of two years from the delivery of the good to act; May choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code Is exempt from providing proof of the existence of the defect in conformity of the good during the twenty-four months following delivery of the good The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, in which case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. Texts in force: Article L217-4 of the Consumer Code The seller delivers a good that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility. Article L217-5 of the Consumer Code The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L217-6 of the Consumer Code The seller is not bound by the public statements of the producer or his representative if it is established that he was not aware of them and was legitimately unable to know them. Article L217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the good. Article 1641 Civil Code The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so reduce this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. Article 1648 paragraph 1 Civil Code The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the event of a return due to non-conformity or hidden defect, the Customer must make a request to Bijoux Thyca, by email to the following address: bijouxthyca@gmail.com, stating in detail the defect or non-conformity noted. Bijoux Thyca will examine the Customer's request and will proceed, at the Customer's choice, to exchange or reimburse the Product(s), shipping and return costs, if it proves to be well-founded. No returns due to non-conformity or hidden defects will be accepted without prior validation from Bijoux Thyca. In any event, the warranty is excluded for any abnormal use of the Products, or for purposes other than those for which they were designed or produced.
ARTICLE 9 – RIGHT OF WITHDRAWAL 9.1
– Terms of exercise of the right of withdrawal In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the Products to exercise his right of withdrawal, without having to provide reasons or pay penalties, with the exception of return costs, by completing the standard withdrawal form available below or by sending an email to the following email address: bijouxthyca@gmail.com. The Customer will then receive, without delay, an acknowledgement of receipt of his withdrawal by email. Within fourteen (14) days following the transmission of the withdrawal form or email to Bijoux Thyca, the Customer must return the Products to the following address: 10 allée Paul Gauguin 95640 Marines. It is the Customer's responsibility to keep the proof of deposit of the package which will be given to him by La Poste, the postmark being proof of the return date of the Product. Since the return is the responsibility of the Customer, in the event of loss of the package, no refund can be made. Bijoux Thyca undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without undue delay and at the latest within fourteen (14) days following the date of recovery of the Products. The return costs and risks are the responsibility of the Customer. 9.2 – Cases of exclusion from the right of withdrawal The right of withdrawal may only be exercised for Products returned complete in perfect condition, clean, in their packaging. Products returned incomplete, damaged, soiled, damaged or unfit for sale, for whatever reason, will not be taken back. In accordance with Article L.221-28 of the Consumer Code, "the right of withdrawal cannot be exercised for contracts (...) for the supply of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;" Thus, for reasons of hygiene and health protection, Products such as lipsticks, lip glosses, earrings, piercings, face and eye masks and makeup remover wipes cannot be subject to a right of withdrawal by the Customer when they have been unsealed after delivery.
ARTICLE 10 – RESPONSIBILITY
Bijoux Thyca cannot be held liable in the event of a stock shortage that would result in a delay in the delivery of the order. Bijoux Thyca cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, an inability to access the Site, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with French case law. The Customer is solely liable for any damage caused to the Product, to himself or to a third party resulting from improper use of the Products and Bijoux Thyca cannot be held liable in this respect under any circumstances. In addition, the assumption of responsibility for damages linked in particular to improper storage or improper handling of the Products by the Customer, to defective delivery to the consumer, to a case of force majeure, and more generally to any operation beyond the control of Bijoux Thyca, is the sole responsibility of the Customer, and may therefore not give rise to assumption of responsibility by Bijoux Thyca, in particular by debit note or penalty invoice.
ARTICLE 11 – FORCE MAJEURE
Bijoux Thyca shall not be held liable for any delay or breach of contract resulting from a case of force majeure, namely an event external to the Parties, irresistible and unforeseeable. The performance of the obligations incumbent on Bijoux Thyca shall be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. A case of force majeure is any event beyond the control of Bijoux Thyca and hindering its normal operation, such as: water and energy cuts, war, riot, fire, strikes, accidents, the inability of Bijoux Thyca to be supplied, lockout, bad weather, epidemic, pandemic, embargo, accident, interruption or delay in transport, confinement or any other event beyond the control of Bijoux Thyca resulting in partial or total unemployment at Bijoux Thyca, or at its own suppliers. In such circumstances, Bijoux Thyca will notify the Customer, in writing, within eight (8) days of the date of occurrence of the events, the obligations binding Bijoux Thyca and the Customer, being suspended automatically, without compensation, from the date of occurrence of the event. If the event were to last more than thirty (30) days from the date of occurrence thereof, the obligations binding Bijoux Thyca and the Customer may be terminated by the most diligent Party without either Party being able to claim the award of damages.
ARTICLE 12 – INTELLECTUAL PROPERTY
The intellectual property rights relating to the documents and media, as well as the trademarks registered by Bijoux Thyca are and remain the exclusive property of Bijoux Thyca. These General Terms and Conditions do not in any way imply any transfer of the intellectual property rights relating to the documents and media provided to the Customer. Consequently, the Customer shall not reproduce and/or use, for any purpose whatsoever, and/or create confusion with the name and/or brand "Bijoux Thyca" and/or any distinctive sign held by Bijoux Thyca. In particular, the Customer shall not create a website under the name "Bijoux Thyca". All documents and information that would be transmitted to the Customer by any means whatsoever remain the exclusive property of Bijoux Thyca and may not be communicated to third parties for any reason whatsoever by the Customer.
ARTICLE 13 – PERSONAL DATA 13.1
– Type of data collected The personal data collected and subsequently processed by Bijoux Thyca are those that the Customer voluntarily transmits via the contact form, or on the occasion of an order placed by the Customer, and concern at least, the name and first name of the Customer, a delivery address, a telephone number, bank details, and a valid email address. bijouxthyca@gmail.com 13.2 – Purposes of the collection of personal data The personal data required when the Customer registers for their customer account and those required on the day the order is placed are necessary in particular for the management of the customer account, for the monitoring of the order placed, for the proper execution of the payment, delivery and other operations related to the sale and delivery of the Products ordered. Title First name Last name Valid email address Password Date of birth 13.3 – Transmission of data to third parties The personal data collected may be, to the extent that this proves necessary with regard to the purposes set out above, to the companies that contribute to the execution of the services and ordered, to their management, execution, processing and payment. However, Bijoux Thyca undertakes not to transmit the data provided to other third parties, except at the request of an administrative or judicial authority, and outside the European Union. 13.4 – Data retention Personal data is processed and stored by Bijoux Thyca for a period that does not exceed the period necessary for the purposes for which it is collected and processed and, in any event, for a maximum period of three (3) years after the last contact for the information collected. 13.5 – Rights of INTERNET USERS The Customer is informed that, in accordance with current French and European regulations, they have the following rights, subject to proof of their identity: The right to object, for legitimate reasons, to their personal data being processed in ways other than those announced herein to which they have consented; The right to object, free of charge, to the data collected being subject to current or future commercial processing by the data controller; The right to be informed about the processing to which their personal data gives rise; The right to obtain information relating to the processing of personal data managed by Bijoux Thyca and any information allowing them to know and, if necessary, contest the logic governing the processing of said data; The right to obtain a copy of the personal data concerning them; The right to request the rectification, updating, blocking or deletion of data concerning them which may be inaccurate, erroneous, incomplete or obsolete; The right to the portability of their data. The Customer may exercise this right by contacting Bijoux Thyca, indicating their surname, first name and email address, by email to the following address: bijouxthyca@gmail.col or by post to the following address: 10 allée Paul Gauguin 95640 Marines. The Customer is informed that if they do not wish to be the subject of commercial prospecting by telephone, they can register free of charge on a list of opposition to canvassing, for example: www.bloctel.gouv.fr. 13.6 – Complaint to the competent authority If the Customer considers that Bijoux Thyca does not respect its obligations with regard to their personal data, they are reminded that they can send a complaint or a request to the competent authority. Please note that in France the competent authority is the CNIL to which the Client can send a request electronically by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.
ARTICLE 14 – CUSTOMER SERVICE
For any information, question or complaint, Bijoux Thyca customer service is available to the Customer: By email: bijouxthyca@gmail.com. By mail: 10 allée Paul Gauguin 95640 Marines.
ARTICLE 15 – FINAL STIPULATIONS
The fact that Bijoux Thyca does not assert at any given time any of the clauses of these General Terms and Conditions cannot be considered a waiver of the right to assert these same clauses at a later date. Bijoux Thyca reserves the right to modify these General Terms and Conditions at any time by publishing a new version on the Site. The applicable General Terms and Conditions are those in force on the Site on the date the order is placed by the Customer. In the event that one (or more) provision(s) of these General Terms and Conditions should be held to be invalid, the validity of the other stipulations cannot be called into question unless they were inseparable from the invalidated provision. These General Terms and Conditions, the General Terms and Conditions of Use of the Site and the order summary sent to the Customer form a contractual whole and constitute the entire agreement between the Parties.
ARTICLE 16 – APPLICABLE LAW AND DISPUTES
These General Terms and Conditions are subject to French law. In the event of a dispute, the Customer is informed that he/she may resort to a consumer mediator, after the failure of an attempt at amicable settlement directly with Bijoux Thyca, in accordance with the provisions of the Consumer Code. To this end, the Customer is informed that Bijoux Thyca has appointed as consumer mediator: CM2C (https://www.cm2c.net/) The implementation of the mediation is initiated from the site https://www.cm2c.net/, or by simple mail (attach your email, telephone, written complaint) to CM2C, 14 rue Saint Jean - 75017 Paris The Customer will find information on this subject and the list of mediators on the following site: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur In addition, the Customer has the possibility of using the European online dispute resolution (ODR) platform available by following the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show In the absence of mediation, the jurisdictional competence is that of the French courts, the competent court being designated according to the procedural rules in force in France at the time of the dispute.