Terms of sale
ARTICLE 1: OBJECT
These general conditions of sale apply between:
- The company OMBRE CLAIRE, 67 rue de la fontaine au roi, 75011 PARIS, registered in France with the RCS of PARIS under number n ° 491 583 290, APE code: 572Z: trade in jewelry and accessories and jewelry in precious metals, at Intra-community VAT number: FR 03 491 583 290, with share capital of 7,500 euros, editor of the site www.ombreclaire.com, hereinafter referred to as “ombre claire”.
And on the other hand,
- Any natural person visiting or wishing to make a purchase via the website www.ombreclaire.com Hereinafter referred to as "the Internet user".
These conditions aim to define the terms of sale between OMBRE CLAIRE and the Internet user, from ordering to after-sales services, including payment and delivery.
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship. If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale may be subject to modification, the conditions applicable are those in force on ombreclaire.com on the date of placing the order of the Internet user.
These conditions apply exclusively to non-commercial individuals.
The Internet user declares to have the capacity to conclude this contract, that is to say to have the legal majority and not to be under guardianship or guardianship, or to hold parental authorization allowing him to carry out a order under this contract.
ARTICLE 2: GEOGRAPHICAL ZONE
The online sale of the products and services presented on the site is open internationally.
ARTICLE 3: PRICES
Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products.
However, the prices cannot be modified once the customer's order has been confirmed. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, up or down, this change could be reflected in the selling price of the items on the OMBRE CLAIRE site.
The prices indicated on the site are guaranteed within the limits of available stocks.
The prices indicated on the site are guaranteed for the duration of online publication. OMBRE CLAIRE reserves the right to modify its prices at any time.
ARTICLE 4: ORDER
The user can place an order on the OMBRE CLAIRE site by selecting the items of his choice, which he will then place in his basket by clicking on the button "Add to Cart".
He will be able to access the summary content of his basket at any time as long as the order has not been definitively validated so as to be able to delete / modify the various options and products chosen.
The Internet user can finalize his order by clicking on the button "Validate my order" on the Cart page. He will have to follow a registration procedure to then finalize the order.
In accordance with the law, the order will be considered final after double validation of the order, a first time after the user has clicked on the button "Order" and that he has checked the general conditions of sale, and a second time when paying for the order by clicking on the button "Validate".
During the finalization of the order, the Internet user may at any time return to one of the previous steps in order to correct any errors in the data entry before validating it definitively.
Any order implies acceptance of the prices and description of the products available for sale.
An automatic email confirming that the order has been taken into account will then be sent to the customer. For Internet users paying by check, an automatic email confirming receipt of the order is sent. The order confirmation email is sent once the check has been debited. Please note, the product is reserved in stock for 7 working days pending receipt of the check. At the end of this period and without receipt of the check, the product will no longer be reserved.
In certain cases, in particular non-payment, incorrect address or other problem on the customer's account, OMBRE CLAIRE reserves the right to block the customer's order until the problem is resolved.
For any question relating to the follow-up of his order, the Internet user can contact OMBRE CLAIRE according to article 17 Contact.
ARTICLE 5: AVAILABILITY OF PRODUCTS
When entering their order, the Internet user is informed of the availability of items. Only available products can be ordered. In the event that, independently of its will, a chosen item is unavailable (for example during several simultaneous orders of the same product), OMBRE CLAIRE undertakes to notify the Internet user by e-mail within 2 working days. . He can then change his choice if he wishes. He may also cancel his order at any time before receiving your package, regardless of the delivery time.
ARTICLE 6: PAYMENT
Payment is made:
- either by online bank card, when ordering,
- or by check by mail.
French bank cards and international VISA and MASTERCARD cards are accepted.
For payments by payment card, the Internet user is only debited when the available items are dispatched.
For payments by check, collection is made upon receipt of the check and subject to the availability of items.
In order to ensure payment security, payment by bank card is made through the BNP interface. At the end of his order, the Internet user is directed to the SP PLUS secure payment page on which he enters his card details.
In order to strengthen the fight against fraud, OMBRE CLAIRE will call the Internet user to confirm his order when the delivery address is different from the billing address.
ARTICLE 7: DELIVERY
The products will be shipped to the delivery address provided by the Internet user.
Delivery is made either by Colissimo, Letter followed or international letter followed according to the country of destination.
OMBRE CLAIRE undertakes to deliver the Internet user within 15 working days from the date of payment of the order.
The amount of delivery costs applies as follows:
- France: € 5.50
- EU and European countries outside the EU: € 6
- European countries outside the EU: 10 €
- Rest of the world 15 €
In the event of a delay of more than 7 days from the announced date and not justified by force majeure, the Internet user may denounce his order by registered mail with acknowledgment of receipt and obtain a full refund of the sums paid within 30 days.
For delivery by Colissimo, the Internet user is required to check the condition of the packaging and the conformity of the product delivered, and to make any reservations, if applicable, on the carrier's delivery slip. The procedure to be observed in order to benefit from the right of return is as follows:
- application of the Colissimo procedure and refusal of the goods by immediately issuing a report of anomaly to the post office attendant
- notification of the refusal of delivery to OMBRE CLAIRE within 24 hours of the delivery date.
Strict observance of this procedure is essential in order to be able to benefit from a refund for goods damaged during transport. In particular, the presentation of the anomaly report established with the carrier will be an essential document. It should be noted that the return of goods for breakage or damage during transport is provided by the carrier after the parcel is refused.
ARTICLE 8: RETENTION OF OWNERSHIP
The goods delivered will remain the property of OMBRE CLAIRE until they are shipped upon delivery to the carrier, once the Internet user has paid full payment for their price. The mere delivery of a payment document does not constitute payment.
In the absence of full payment, the company OMBRE CLAIRE will be entitled to demand the immediate return of the delivered material or its amount. The costs that may be incurred for this return will be borne by the Internet user.
ARTICLE 9: RIGHTS OF WITHDRAWAL / RETURN / EXCHANGE
In accordance with the law, the Internet user has a period of 7 days from the date of receipt of his package to retract, whatever the reason.
Regardless of this right of withdrawal, if a piece of jewelry does not meet the customer's expectations, it benefits from the "satisfied or refunded" guarantee of 15 days from the date of receipt of the product to return it to OMBRE CLAIRE for an exchange or refund. OMBRE CLAIRE undertakes to reimburse the cost of the order and the return delivery costs. The Internet user can therefore make an exchange or refund at no additional cost in delivery costs.
All items are subject to exchange or refund. The item to be taken back must be intact.
The Internet user must inform OMBRE CLAIRE of the return of the package by email. He has 15 days from the date of receipt to return the package. OMBRE CLAIRE will then send him a postage stamp from the Post Office to return his parcel.
To protect their item during transport, the customer will simply have to place it carefully in its original packaging or in suitable cardboard packaging (do not use a paper envelope) and send it to OMBRE CLAIRE, 67 rue de la fontaine au roi 75011 PARIS, accompanied by the duly completed "return slip" attached to its invoice. The Internet user can then ship the return package by affixing the postage stamp received on it.
Upon receipt of the package by OMBRE CLAIRE, and after checking that the item is intact, OMBRE CLAIRE will notify the Internet user by email of the reimbursement of the entire initial invoice. The refund will be made within 30 days at the latest from the customer's withdrawal date, by the same method of payment that the Internet user used for their order.
No refund will be accepted if the returned product has been visibly used or damaged by the customer and this use or damage renders the product unfit for sale.
Gift certificates and vouchers do not constitute monetary values, they cannot be refunded but only exchanged. In the case of an exchange, the Internet user must first return the original package in the same way as for the refund procedure. He will then place a new order for the new product chosen.
ARTICLE 10: CONFORMITY GUARANTEE
The Internet user has the legal guarantee of the lack of conformity of the product existing at the time of delivery (Articles L. 211-4 et seq. Of the Consumer Code), within two years from the delivery of the goods. The seller is also bound by the warranty due to hidden defects in the item sold which make it unfit for the use for which it is intended or which reduce this use so much that the buyer has not acquired it or has not. given that a lower price, if he had known them (article 1641 of the Civil Code), within two years from the discovery of the hidden defect.
Under the legal guarantee of lack of conformity, the seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility (article L. 211-4 of Consumer Code).
To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted (article L. 211-5 of the Consumer Code ).
The action resulting from the lack of conformity lapses two years after delivery of the goods (article L.211-12 of the Consumer Code). Under the legal warranty against hidden defects, the seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended or which reduce this use to such an extent that the buyer cannot 'would not have acquired or would have given a lower price, if he had known them (article 1641 of the Civil Code).
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect (article 1648 1st paragraph of the Civil Code).
For the application of the guarantee of conformity, the Internet user must imperatively follow the same procedure as for the cases of exchange / refund described in article 7.
ARTICLE 11: RESPONSIBILITY AND FORCE MAJEURE
In general OMBRE CLAIRE undertakes to describe with the greatest accuracy the products sold on its website.
On the other hand, OMBRE CLAIRE cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French case law. .
Likewise, OMBRE CLAIRE cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses.
It can also not be held liable for the content of the sites to which the hypertext links may refer from the site www.ombreclaire.com
The OMBRE CLAIRE site also contains information from third parties, and links to other websites. It can in no way be held liable for damages resulting from the use / access to / or inability to use this third-party information, or the content of other websites.
ARTICLE 12: PROTECTION OF PERSONAL DATA
The provision of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for preparing invoices. This information is strictly confidential and is intended only for OMBRE CLAIRE.
By indicating his e-mail to OMBRE CLAIRE, the Internet user can receive an order confirmation. Depending on the choice made when creating or viewing their account, the Internet user may receive offers from OMBRE CLAIRE.
OMBRE CLAIRE implements all means to ensure the confidentiality and security of data transmitted over the web
ARTICLE 13: INTELLECTUAL PROPERTY
All elements of the OMBRE CLAIRE site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
Use of this site is reserved for strictly personal use.
All our models are original creations and as such are protected by copyright.
Thus, none of the documents from the OMBRE CLAIRE site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for your personal use and only for non-commercial purposes, provided that you do not modify the information and that you keep intact all copyrights and other proprietary notices. The modification of these documents or their use for another purpose constitutes an infringement of the intellectual property rights of OMBRE CLAIRE.
The user who has a website in a personal capacity and who wishes to place, for personal use, on his site a simple link directing to the home page of the OMBRE CLAIRE site, must obligatorily request authorization from the company OMBRE CLAIRE. It will not in any case be an implicit affiliation agreement.
However, any hypertext link to the OMBRE CLAIRE site and using the framing or in-line linking technique is strictly prohibited.
In all cases, any link must be removed at the simple request of OMBRE CLAIRE.
The brands, logos, designs, photos and models appearing on this site are the exclusive property of OMBRE CLAIRE. Their disclosure can in no way be interpreted as granting any license or right to use any of the said trademarks and distinctive elements protected by copyright. They cannot therefore be used under penalty of sanction, in particular for counterfeiting.
ARTICLE 14: INTEGRALITY AND DURATION
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
These conditions apply throughout the duration of the online services offered by the company OMBRE CLAIRE.
ARTICLE 15: PROOF, CONSERVATION AND ARCHIVING
In all cases, the online supply of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth due to the sums incurred by the seizure. items listed on the order form.
This validation is worth signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his bank card, the Internet user is invited, as soon as this use is noted, to contact OMBRE CLAIRE either by phone at 06 64201938 or at 09 82 32 34 96, using the form on the page Contact Me from the home page or by email at firstname.lastname@example.org, according to article 17 Contact. The computerized registers, kept in the computer systems of the company OMBRE CLAIRE under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
ARTICLE 16: APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. The language of this contract is French.
The competent court in the event of a dispute will be that of the customer's place of residence or, at the customer's choice, the place of actual delivery of the product. In the event that a dispute arises from this contractual relationship, the Internet user and OMBRE CLAIRE undertake before any legal action to seek an amicable solution.
This site complies with French legislation, and in no case does OMBRE CLAIRE give any guarantee of compliance with local legislation that would be applicable to the customer, when accessing the site from other countries.
ARTICLE 17: CONTACT
For any questions or requests, the user can contact OMBRE CLAIRE by the following means:
- by completing the form on the Contact me page of the home page of the www.ombreclaire.com site
The user will then receive an automatic email confirming that his request has been received.
- by calling 09 82 32 34 96 (cost of a local call), Tuesday to Saturday from 11 a.m. to 7 p.m.
If LIGHT SHADOW is not available, the user can leave a message indicating his name, first name and telephone. In this case, OMBRE CLAIRE undertakes to recall it within 2 working days.
- by writing to the following address: OMBRE CLAIRE 67 rue de la fontaine au roi 75011 PARIS
In all cases and for all questions or requests, OMBRE CLAIRE undertakes to respond to the user within 2 working days.