GENERAL TERMS AND CONDITIONS OF SALE

HAS ADOPTED THIS REGULATION:



These General Terms and Conditions of Sale apply without restriction or reservation to all sales made by Opale Bijoux ("the Seller") to non-professional buyers ("Customers or Customers") wishing to acquire the products offered for sale by the Seller ("The Products") on the website: https://www.opale-bijoux.com
The GTCS specify in particular the terms and conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
Products offered for sale on the websitehttps://www.opale-bijoux.comOur inspection tools:

Costume Jewelry and Accessories including:
- Costume Jewelry (Necklaces, earrings, rings, bracelets, ankle chains, eyeglasses chains)
- Bags, pouches
Hats

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the websitehttps://www.opale-bijoux.comThe Client is required to read these carefully before ordering.


The choice and purchase of a service is the sole responsibility of the Client.
The photographs and graphics presented on the websitehttps://www.opale-bijoux.comare not contractual and can not engage the responsibility of the Seller.


The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are within the limits of available stocks, as specified when placing the order.


The seller's contact details are as follows:
Operating Name: Opale Bijoux Deposited at the INPI
Company name: SARL Astejo
Registration with the Paris RCS: 793 006 842
Legal form: Limited Liability Company with registered share capital of € 22,000
Head office address: 32, rue de l'Annonciation 75016 PARIS
E-mail:sav@opale-bijoux.comPriority
Customer Service: 01 46 47 50 88
Opening hours: Monday, Tuesday, Thursday and Friday from 10:30 a.m. to 5 p.m .; Wednesday from 10 a.m. to 2 p.m.

Contact details of the host: OVH (SAS with a capital of € 10,000,000)
Registered office: 2 rue Kellermann - 59100 Roubaix - France.


These conditions apply to the exclusion of all other conditions, including those applicable to in-stores sales or sales made via other distribution and marketing channels.


These General Conditions of Sale are accessible at any time on the websitehttps://www.opale-bijoux.comand will prevail, where applicable, over any other version or any other contradictory document.


The Customer declares that he has read the present General Sales Conditions carefully and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure.https://www.opale-bijoux.com


The present General Sales Conditions may be subject to further changes at any time, the version applicable to the Customer's purchase is that in force on the website on the order confirmation date.
Unless proved otherwise, the data recorded in the computer system of the Provider constitute the evidence of all the transactions finalised with the Customer.


In accordance with Act n° 78-17 of January 6th 1978 on Data Processing, Data Files and Individual Liberties, the Customer is provided with a right of access, rectification and opposition to all personal data at any time by writing a letter and sending it via courier, along with a proof of identity, to NOUVEA, 2, rue Darnes 31300 TOULOUSE.


The products presented on the websitehttps://www.opale-bijoux.comare offered for sale in the following territories: mainland France including Corsica, the continental islands, the overseas departments (Mayotte included), the overseas collectivities with special status and the Member States of the 'European Union (Except Germany).


In the event of an order to a country other than Metropolitan France, the Customer will be the importer of the product(s) concerned.
For all products shipped outside the European Union and the French Overseas Departments and Territories, the price will be calculated without tax automatically.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be chargeable and are the sole responsibility of the Client.


Article 2 - Orders

Order placement

It is up to the Customer to select on the websitehttps://www.opale-bijoux.comthe Products he wishes to order, in the following ways:

- Select said product;
ADD TO BASKET
- Validate the basket

Product offers are valid as they appear on the website, subject to availability of stock.

The Services sales will not be considered final until the Provider will have sent the order acceptance confirmation to the Customer via e-mail and until the former will have banked the price in its entirety.

It is the Customer's responsibility to check the accuracy of the order and immediately report any errors. The Seller cannot be held responsible in the event of an error in the information mentioned by the Customer.

Any order placed on the websitehttps://www.opale-bijoux.comconstitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer can follow the progress of his order on the websitehttps://www.opale-bijoux.com.

Any validation of order implies acceptance of the general conditions of sale.

The Seller is not intended to sell the Products on the websitehttps://www.opale-bijoux.comto professionals, but only to consumers, for their personal needs.

If you wish to limit your sales of products: The Seller therefore reserves the right to refuse orders for the same Product in large quantities - and comprising more than "5 identical items".

Product Availability

All product orders are subject to the availability of the latter. In this sense, in case of supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of identical or higher quality or value . If you do not wish to order these replacement products, we will refund any amount that may have been paid.

c) Refusal to process an order

Opale Bijoux reserves the right to contact the customer and ask for supporting documents (identity document, etc.) in the event of suspected fraud. Without response from the customer: the order will be canceled and the funds received for the said order refunded.


ARTICLE 3 - TARIFFS


The Products are supplied at the current prices shown on the websitehttps://www.opale-bijoux.com, during the recording of the order by the Seller. The prices are expressed in Euros, HT and TTC.

The prices take into account any reductions that may be granted by the Seller on the websitehttps://www.opale-bijoux.com.

These prices are firm and cannot be revised during their period of validity, as indicated on the websitehttps://www.opale-bijoux.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of treatment, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the websitehttps://www.opale-bijoux.comand calculated before placing the order.
The payment required from the Customer is the total amount of the purchase, including these costs.


Article 4 - Payment conditions


The price is payable in cash, in full on the day the customer places the order, by secure payment, in the following ways:

by bank card

- Via a paypal account

The Customer expressly acknowledges that the communication of his credit card number constitutes authorization to debit his account up to the items ordered.


No bank data is recorded on our site, its information is processed by payment systems.
We do not store customer credit card data on our website.


TAO reserves the right, in case of non-compliance of the payment terms listed above, to suspend or cancel delivery of current orders placed by the Customer.


No additional charges exceeding the amount paid by the Provider for the use of a means of payment will be invoiced to the Customer.


ARTICLE 5 - Delivery


The Products ordered by the Customer will be delivered to mainland France including Corsica, the continental islands, the Overseas Departments (Mayotte included), the Overseas Communities with special status and the Member States of the European Union.

Delivery will be made according to the carrier chosen by the Customer, namely

By Colissimo Post against signature at the address indicated by the Customer when ordering on the websitehttps://www.opale-bijoux.com

By Colissimo post pick-up relay at the pick-up point chosen by the Customer when ordering.


By Chronospost relay or domicile according to the Customer's choice when ordering.

The Colissimo Postal Service offers its Customers the possibility of receiving articles ordered easily and directly at their home or in relay point within 48h to 72h working days (10 maximum).

* The delivery is free from 120 € of purchase in Metropolitan France with the code FREESHIPFR. This code (not combinable with other codes) must be entered before payment by the Customer and can in no case be applied, deducted or reimbursed once the order has been confirmed.

The fees then vary according to the international zone defined by colissimo:

- Fixed price of 10.24 € for Zone 1 (Belgium for example) regardless of the number of items

- Fixed price of 10.24 € for zone 2 (Switzerland in particular) regardless of the number of articles

Except in these cases, the fees applied are those determined by the Colissimo price list.


Delivery times may vary in the event of force majeure (bad weather, strikes, etc.).


The products ordered are delivered to the postal address indicated by the Customer on the order form, and the Seller cannot be held responsible in the event of an error or missing information necessary for the delivery of his package. In the event of deliveries that cannot be made by the carrier due to incorrect or missing information, the Customer will have to pay the return costs again.

The products are delivered from Monday to Friday, during office hours, with the exception of national holidays. The articles are sent in closed envelopes or cartons. An e-mail is sent to the Customer as soon as their order is delivered to the Postal Service. Delivery is considered to have been made when the package is made available to the Customer at the address indicated on the order form.
The delivery consists of the transfer to the Customer of physical possession or control of the Product.


Except for special circumstances or unavailability of one or more products, the products ordered will be delivered at the same time.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-specified deadlines.

However, these deadlines are given for information only. However, if the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer when the order is placed which may be easily accessed by the carrier.

In the event of non-claim of the parcel within the time limit (deposit with a merchant, post office, etc.) or in the event of an error on the delivery address indicated by the customer: Opale Bijoux reserves the right to invoice to his customer the reforwarding of the parcel. (current postal rates). In the event of non-complaint and non-sending of the withdrawal form within the legal period of 14 days from the date of the order, the latter will not be reimbursed.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. It has a period of 7 days from delivery to formulate by email (sav@opale-bijoux.com) and mail recommend with acknowledgment of receipt any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened ...), with all supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 211-4 and following of Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).


ARTICLE 6 - Transfer of ownership - Transfer of risks


The transfer of ownership of the Seller's products to the Customer will be made only after full payment by the latter, and regardless of the date of delivery of those products.

Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the customer takes physical possession of the products. The products therefore travel at the Seller's risk and peril (article L.138-4 of the Consumer Code).


ARTICLE 7 - EXCHANGE AND RETURN POLICY

a) Right of Revocation

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. The right of withdrawal can be exercised online, using the withdrawal form available on the websitehttps://www.opale-bijoux.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed; the return costs remaining payable by the Customer. The reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

Discounted products will not be returned or exchanged.

To exercise your right of withdrawal, please inform Opale Bijoux of your decision by an unequivocal written declaration.

The withdrawal period is respected if you send your mail informing us of your decision to exercise your right of withdrawal before the expiration of this withdrawal period.

Return request

Discounted products will not be returned or exchanged.

For any item purchased on our sitehttps://www.opale-bijoux.com; no exchange or refund request can be requested in store.

Registration of the return request is mandatory. It is carried out on the customer account via the following procedure:

  • My account> My orders
  • The order history is displayed: click on the order concerned by the return, then check the items you want to return
  • To finish at the bottom of the page click on generate a return.
  • Your return is now awaiting confirmation by our services.
  • Once your request is validated you will receive a notification email.
  • Please return to your account> my returns: print the PDF to slip into your package.

Once validated by us, it will be up to the customer to return the package to us at the address indicated on the return slip to be printed.

Return costs are the responsibility of the customer. We do not make an exchange, you will have to place a new order.

PLEASE NOTE: The return period is 14 days from receipt of your package. If applicable, the return will be refused and returned to the sender.

ARTICLE 8 - SELLER'S RESPONSIBILITY - GUARANTEE


Products sold on the websitehttps://www.opale-bijoux.comcomply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,


- the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order upon receipt thereof.


the legal guarantee against hidden defects from faulty material, design or manufacture affecting the delivered products and making them unsuitable for use.


In order to assert their rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum period of 7 days from the delivery of the Products or the existence of hidden defects within a maximum period of 7 days from their discovery.


The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed on the basis of the invoiced price, return costs will be reimbursed on presentation of receipts.


Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the seller's acknowledgment of the lack of conformity.
The reimbursement will be made by credit to the Customer's bank account or to the Paypal account used for the purchase.
The responsibility of the Seller shall not be incurred in the following cases:


Non-compliance with the legislation of the country where the Products are delivered, which is for the Customer to check.


- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.


ARTICLE 9 - COMPUTER AND FREEDOMS

Pursuant to French Law No. 78-17 of 6 January 1978 amended in 2004, it is to be noted that personal data requested from the Customer is required to process the order and prepare invoices.

These data may be communicated to any partners of the Seller responsible for the implementation, processing, management and payment of the orders.
Processing of information communicated via the websitehttps://www.opale-bijoux.comhas been the subject of a declaration to the CNIL.

The Customer has, in accordance with national and European regulations, a permanent right of access, modification, correction and the right to challenge any data which relates to the Customer.

This right can be exercised under the conditions and according to the methods defined on the websitehttps://www.opale-bijoux.com.


ARTICLE 10 - INTELLECTUAL PROPERTY


Contents of the Websitehttps://www.opale-bijoux.comThe content of the Site is the property of the Seller and its partners and is protected by French and international laws on intellectual property.

Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

In addition, the Provider remains the owner of all intellectual property rights in the photographs, presentations, studies, reports, drawings, models, prototypes, etc., made (even at the request of the Client) for the provision of the Services to the Customer .

The Customer is therefore prohibited any reproduction or exploitation of such studies, drawings, models and prototypes, etc. without the express, prior written the Provider may make it conditional on financial compensation.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE


These Conditions of Sale and operations arising are governed by and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.


ARTICLE 13 - DISPUTES

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Client is informed that he can in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. cons. Art. L 534-7) or with existing sectoral mediation bodies , and the references of which appear on the website http://lessoeursk.fr or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.



ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE



The Customer acknowledges he/she has received notice, prior to placing the order, in a legible and understandable manner, of these Terms and Conditions of Sale and all information and indications referred to in Articles L111-1 to L111-7 of the Consumer Code, and in particular:


the essential characteristics of the Product, the communication medium used and the Product concerned,
the price of the Products and associated costs (such as delivery),
in the absence of immediate execution of the contract, the date or period in which the Seller undertakes to deliver the Items ordered;
information regarding the identity of the Seller, its postal address, telephone and email contact information, and activities, if not apparent from the context;
information about the legal and contractual guarantees and their implementation terms;
digital content features and, where appropriate, its interoperability;
the possibility of using a conventional mediation in case of disputes;
information about the right to withdraw (existence, conditions, delay, how to exercise this right and standard withdrawal from), the return costs of the Items, the termination provisions and other important contractual conditions.


The fact for a natural (or legal) person to order on the websitehttps://www.opale-bijoux.comThe fact of placing an order on the Site implies full acceptance of these Terms and Conditions of Sale, expressly acknowledged by the Customer, who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.