Terms and Conditions for online sales

These Terms and Conditions are updated as of November 1st, 2018.

1.Definitions

1.1These General Terms and Conditions of Sale (hereinafter "GTC") are offered by Studio Virginie Parent (hereinafter "the Company"), a SASU with a capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 820 026 615, whose registered office is at 154 Rue du Faubourg Saint-Antoine, 75012 Paris. His telephone number is not surcharged is 06.45.90.44.93, his e-mail address iscontact@hintjoaillerie.com and his individual intra-Community VAT identification number FR01820026615.

1.2The company is the owner and the publisher of the website www.hintjoaillerie.com (hereinafter referred to as “the Site”) The Site is hosted by the company OVH, a simplified joint-stock company, domiciled at 2 rue Kellermann - 59100 ROUBAIX, available on (+33) (0) 972101007.

1.3The director of the publication is Madame Virginie Parent.

1.4The Site offers the Customer (hereinafter referred to as “the Customer”) the opportunity to purchase personalised precious jewellery (the “products”).

1.5Before using the Site, the Customer must ensure that they have the suitable technical and computer resources for using the Site and ordering the products from the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the configuration of their computer equipment is in good condition and does not contain any viruses.

2.Application and enforceability of the GTCs

2.1The purpose of these T&Cs is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Order (“Order”) of products placed on the Site by the Customer.

2.2The Customer declares that they have read and accepted these T&Cs before placing their Order.

2.3The validation of the Order therefore implies the acceptance of these Terms and Conditions. These are regularly updated, the applicable T&Cs are those in effect on the Site on the date of placing the Order.

2.4Any contrary condition put forward by the Customer is therefore, in the absence of express acceptance, unenforceable against the Company regardless of when it may have been brought to its attention.

2.5The fact that the Company does not avail itself at a given moment of any provision of these T&Cs cannot be interpreted as a waiver of any subsequent enforcement of these T&Cs.

3.Ordering products on the website

3.1The products offered for sale are described and presented as accurately as possible. Nevertheless, a minimal variation in the colour of the product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.

3.2The Company reserves the right to alter the content of the Site at any time.

3.3The Customer selects the product or products they wish to purchase, and can access their Order summary at any time.

3.4The Order summary lists the product(s) that the Customer has selected, and includes any additional costs such as the cost of delivery in addition to the price of the product(s) in the Order. The Customer has the possibility of modifying their Order and correcting any errors before validating their Order.

3.5After accessing the Order summary, the Customer confirms the acceptance of the Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. The “Order with obligation to pay” or similar unambiguous wording appears next to the order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.

3.6After acceptance of the T&Cs and the validation of the Order with obligation to pay, the contract is validly concluded between the Company and the Customer, and makes an irrevocable undertaking between them.

3.7In the event that the Customer wishes to customise their products in a different manner than the options offered directly on the Site, the Customer may contact the Company by email, which will then provide a quote corresponding to the desired products. The acceptance of the quote by the Customer will then be the conclusion of the contract and makes an irrevocable undertaking between them.

3.8After the validation of their Order, and in order to proceed to payment, the Customer enters the details of the address to which they wish the ordered product(s) to be delivered, and an invoicing address if it is different. The delivery process of the ordered product(s) is described in article 5 of these Terms and Conditions.

3.9The Company then sends an order confirmation by email, including the elements of the Order summary and the delivery address, and if applicable, the invoicing address.

3.10After having validated their delivery and invoicing addresses, if applicable, the Customer proceeds to the payment of the Order according to the terms specified below.

4.Prices and terms of payment for orders

4.1The prices are listed on the Site, and, if applicable on the quote, in the product descriptions, are in euros, before tax, and with all taxes included.

4.2The total amount is indicated in the Order summary, before the Customer accepts these T&Cs, validates the Order, enters and validates their delivery details, and if applicable, the invoicing address, and proceeds to payment. This total amount is indicated including all taxes.

4.3Orders of Products on the Site are payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card or bank transfer, unless special conditions of sale are expressly accepted by the Customer and the Company.

4.4In case of payment by credit card, the Site uses the security system by Stripe, a provider specialising in online payment security. This system guarantees the Customer the total confidentiality of their banking information. The bank card transaction between the Customer and the secure system is thus fully encrypted and protected. The bank details of the Customer are not digitally stored by the Company.

4.5The Customer guarantees to the Company that they have the necessary authorisations to use the method of payment when placing the Order.

4.6The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in case of non-payment or partial payment of any sum which might be due from the Customer to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the Site and the payment for an Order.

5.Delivery

5.1The product(s) offered for sale on the Site can be delivered to all countries worldwide.

5.2Delivery is free to the Customer when they are in a member country of the European Union. Outside European Union member countries, delivery charges will be calculated on the basis of an estimate proposed by the Company.

5.3The Company undertakes to deliver the product(s) within a period of time not longer than 3 to 4 weeks from the date of the Order, when delivery is for the territory of a member country of the European Union. These times may vary for deliveries outside the European Union. The Customer will then be informed by the Company of the estimated delivery time.

5.4The Customer is informed by email of its shipment when their Order is ready. The ordered product(s) is/are delivered to the delivery address indicated by the Customer when placing their Order under the conditions specified in article 3.8 of these Terms and Conditions.

5.5The Customer must ensure that the information communicated, as referred to in article 3.8 of these Terms and Conditions, is correct, and that they remain so until the complete delivery of the ordered product(s). The Customer undertakes to inform the Company of any changes in invoicing and/or delivery information which may occur between the Order and delivery, by sending an email, without delay, to the Customer Service email address. Otherwise, in case of delay and/or error in delivery, the Customer cannot in any case incur liability of the Company in case of non-delivery, and the Company’s Customer Service will contact the Customer for a second delivery at the Customer’s expense.

5.6The Company will also not be liable if the non-receipt of the products is due to a third party outside its intervention or in case of theft.

5.7In case of return of the Order due to the absence of the Customer, the Company’s Customer Service will contact the Customer for a second delivery at the Customer’s expense.

5.8The Customer will be able to track the delivery of their Order by contacting Customer Service, whose number appears in article 6 of these Terms and Conditions.

6.Customer service

6.1For any request for information, clarification, or for any claim, the Customer must first contact the Company’s Customer Service, in order to allow the latter to try to find a solution to the problem.

6.2The Company’s Customer Service is accessible at the following addresses:

• email: contact@hintjoaillerie.com
• mail: 154 Rue du Faubourg Saint-Antoine, 75012 Paris, France

7.Legal guarantees

All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee against hidden defects provided for in articles 1641 and 1648, first paragraph, of the French Civil Code:

Article L.217-4 of the French Consumer Code: “The seller delivers goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. It is also responsible for any defects in conformity resulting from packaging, instructions for assembly, or installation where the latter is responsible for this by the contract or has been carried out under its responsibility.”

Article L.217-5 of the Consumer Code: “The goods conform to the contract:

• Firstly: if it is fit for the customary use of similar goods, and, where applicable:
  • if the goods correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of a sample or a model;
  • if the goods possess the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer or its representative, notably particular in advertising or labeling;
• Secondly: or if the goods have the characteristics as defined by mutual agreement by the parties, or are fit for any special purpose sought by the buyer, made known to the seller, and which the latter has accepted.”

Article L.217-12 of the Consumer Code: “Action resulting from the lack of conformity is prescribed to two years, counting from the delivery of the goods.”

Article 1641 of the Civil Code: “The seller guarantees an item against hidden defects, which render the item unfit for the normal use for which it is intended, or to such an extent that the buyer would not have purchased the item, or would have paid less for it, had the latter been aware of such defects.”

Article 1648 of the Civil Code, first paragraph: “Action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

If a Customer believes that they have received a product that they consider to be defective or non-compliant, they must contact the Company as soon as possible after the receipt of the Order, to the following email address: contact@hintjoaillerie. com, or by registered post with confirmation of receipt, to the following address: 154 Rue du Faubourg St. Antoine, 75012 Paris, France, specifying the defect or non-compliance in question.

It is the responsibility of the Customer to provide any justification for the designation of apparent defects and/or anomalies identified. The Customer must allow the Company every opportunity to proceed with the detection of these defects or nonconformities, and to remedy them if necessary. They will refrain from intervening themselves, or from involving a third party for this purpose.

If the defects and/or anomalies are confirmed by the Company, the Company will then send the Customer instructions on how to proceed after being made aware of the complaint, and, if necessary, proceed with the replacement of the product about which the Company has recognised the lack of conformity or defect.

In the event that an exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the proposal of the Company, by credit to the Customer’s bank account, with the Customer being able to opt for another method of reimbursement than the one proposed.

8.Customer Obligations

8.1The Customer agrees to comply with the terms of these T&Cs.

8.2The Customer agrees to use the Site in accordance with the instructions of the Company.

8.3The Customer agrees that he uses the Site only for their personal use, in accordance with these T&Cs. In this regard, the Customer agrees to abstain:

• From using the Site in any way that is illegal, for any unlawful purpose, or in any way inconsistent with these T&Cs.
• From selling, copying, reproducing, renting, lending, distributing, transferring or sub-licensing all or part of the content on the Site, or decompiling, reverse engineering, disassembling, modifying, displaying in readable form by the Customer, attempting to discover any source code, or using any software activating or comprising all or part of the Site.
• From attempting to gain unauthorised access to the Site’s computer system, or engaging in any disruptive activity, diminishing the quality, or interfering the performance or impairing the functionality of the Site.
• From using the Site for abusive purposes by intentionally introducing viruses or any other malicious program, and from attempting to gain unauthorised access to the Site.
• From infringing the intellectual property rights of the Company and/or reselling, or attempting to resell its products to third parties.
• From denigrating the Site and/or the products or the Company on social networks, or any other means of communication.

8.4If, for any reason, the Company considers that the Customer does not comply with these Terms, the Company may at any time, and at its sole discretion, ban their access to the Site and take any measures including any civil and criminal proceedings against them.

9.Right of retraction

9.1In accordance with the provisions of Article L.221-28 of the Consumer Code, the consumer does not have the right of retraction if the products are made according to the Customer’s specifications and are clearly personalised.

10.Responsibility

10.1The Company takes all the measures necessary to ensure the Customer of the supply, under optimal conditions, of quality product(s). However, it cannot in any way be held liable for any non-execution or poor execution of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable actions of a third party who is not a party to the contract, or in case of force majeure. More generally, if the liability the Company is liable, it can in no way agree to compensate the Customer for indirect damages or whose existence and/or degree cannot be established by evidence.

10.2The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present on or obtained via these sites.

10.3The placing of such links or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement by the Company of these sites, of such elements, or of their contents.

10.4The Company is not responsible for the availability of these sites and cannot control their content or endorse the advertising, product(s) and other information on these websites.

10.5It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, for any case where the computer equipment or the electronic mail of the Customers rejects, for example because of anti-spam measures, any e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the Order summary, or the tracking e-mail.

10.6The Customer is fully aware of the provisions of this article and in particular the above-mentioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract.

11.Personal data - Cookies - Security

11.1The Company attaches great importance to respecting privacy, and takes all necessary measures to ensure the confidentiality and security of Customers’ personal data.

11.2In the context of the supply of the product(s), the Company collects personal data of Customers, notably including the following data:

• Email address
• First name
• Last name
• Mailing and delivery address
• Birth date
• Country
• Password
• Consumption data
• Bank information

11.3For this purpose, the processing of Customer data is declared to the CNIL under number 6fH2353526C.

11.4The Company collects and processes Customers’ personal data for the following purposes:

• Supplying the product(s) on the Site;
• Order management;
• Management of returns, exercise of the right of retraction, payment, invoicing… ;
• Information about the Company, the products, and the activities of the Company;
• Responses to any questions/complaints from Customers;
• Producing statistics;
• Management of requests for rights to access, rectification and opposition;
• Management of unpaid invoices and litigation ;
• Newsletter

11.5Data relating to the management of Customers’ personal data is kept for the strictly necessary period as defined by the Data Protection Act, as modified, i.e. for three years after the collection or the last contact with the Customer.

11.6The personal data of Customers is processed by the Company’s sales department as well as by the Company’s partner companies and subcontractors.

11.7The Company may also disclose personal data in order to cooperate with the administrative and judicial authorities.

11.8The Company ensures the personal data security of Customers in an appropriate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data, and in notably prevent them from being distorted, damaged or communicated to unauthorised persons.

11.9Customer Obligations

• Customers acknowledge that the personal data disclosed by them is valid, up-to-date and appropriate;
• Customers undertake not to infringe the privacy, image or protection of the personal data of any third party, and thus not to communicate to the Company any data about third persons without their consent.

11.10Pursuant to Decree No. 2011-219 of 25th February 2011 on the retention and communication of data allowing the identification of any person who has contributed to the creation of online content, the Customer is informed that the Web host has the obligation to keep, for a period of one year from the day of the creation of the content, for each operation contributing to the creation of content:

• The identifier of the connection at the origin of the communication;
• The identifier assigned by the IT system to the content, the object of the operation;
• The types of protocols used for connection to the service and for the transfer of contents;
• The nature of the operation;
• The date and time of the operation;
• The identifier used by the author of the transaction when they provided it.

11.11In case of termination of the contract or closure of the account, the host must also keep, for one year following the date of termination of the contract, or the closure of the account, the information provided when subscribing to a contract (Order) by the Customer, or when creating an account, namely:

• At the time of the creation of the account: the identifier of the connection;
• The name and surname or company name;
• The associated postal addresses;
• The pseudonyms used;
• The email addresses or associated account;
• Phone numbers;
• The password and the data for verifying or modify it, in their latest updated version.

11.12Every computer connected to the Internet has an IP address. Once a Customer browses the Site, the Company collects the Customer's IP address in order to analyse traffic on the Site and to monitor Customers’ activities on the Site to ensure that they do not does not carry out acts likely to infringe the Website’s T&Cs.

11.13Finally, in accordance with the Data Protection Act of January 6th 1978, Customers have to right to access, rectification, deletion and the right to objection for legitimate reasons to the processing of data collected and processed by the Company, by contacting the Company directly at the following email address: contact@hintjoaillerie.com

11.14In accordance with Article 40-1 of the Data Protection Act as amended, the Company will respect the instructions given by any Customer regarding the storage, erasure and communication of their personal data after their death. In the absence of such instructions, the Company will respect the claims of their heirs, as limited in Article 40-1, III of the Data Protection Act.

11.15Statistical cookies and tools

11.15.1In the context of the use of the Site by Customers, the Company may use cookies.

11.15.2In accordance with the CNIL’s deliberation 2013-378 of December 5th, 2013, the Company also informs Customers that cookies record certain information that is stored in the memory of their hardware/IT equipment. This information is used to improve the use and operation of the Site. An alert message asks each person visiting the Site, in advance, if they wish to accept cookies. These cookies do not contain any confidential information about Customers.

11.15.3The Customer visiting the homepage of the Site will be informed:

• of the precise purposes of the cookies used;
• of the ability to reject these cookies and change the settings by clicking on a link in the banner;
• and of the fact that the continuation of their navigation necessitates agreeing to the use of cookies on their terminal.

11.15.4To guarantee the free, informed and unambiguous consent of the Customer, the banner will not disappear until it has been agreed or disagreed to.

11.15.5Without the prior consent of the Customer, the use and reading of cookies will not be made:

• if the Customer visits the Site (home page or directly to another page of the Site) and does not continue to browse, a mere absence of action cannot be equated to a manifestation of agreement;
• or if they click on the link in the banner allowing the use cookies, or if applicable, refuses the use of cookies.

11.16Security

The Customer undertakes not to undermine the security of the Site. To this end, they undertake not to proceed with any fraudulent access to and/or interference with the Company’s information system. Neither may the Customer impair or interfere with the Company’s IT system. Failing this, the Company may take any measure against them, and notably incur their criminal liability under Articles 323-1 and following of the Penal Code.

12.3. DROITS DE PROPRIÉTÉ INTELLECTUELLE

12.1All elements of this Site and the Site itself are protected by copyright, trademark, design rights and/or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

12.2The HINT name and brand, logos, designs, stylised letters, figurative brands, and all signs represented on this Site are and shall remain the exclusive property of the Company.

12.3No title or right whatsoever over any element or software will be obtained by downloading or copying elements of this Site. It is expressly forbidden for the Customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, or add to this Site and the elements and software contained therein, or to modify or perform any work by using them as a basis, nor to sell or participate in any sale in connection with this Site, the elements of this Site or any related software.

12.4The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot be transferred or transferred to any third party. The license is granted for the duration of use of the Site.

12.5Any use by the Customer of corporate names, trademarks or distinct signs belonging to the Company is strictly prohibited unless expressly agreed by the Company.

13.Newsletter

13.1By ticking the box provided for this purpose or expressly agreeing to this end, the Customer agrees that the Company may send them, in a form and frequency determined by the Customer, a newsletter that may contain information relating to its activities.

13.2When the Customer ticks the box provided for this purpose in the registration process on the Site for placing an Order, they agree to receive commercial offers from the Company for products similar to those ordered.

13.3Customers are able to unsubscribe from the newsletter by clicking on the link provided for this purpose, which appears in all of the newsletters.

14.Applicable law and attribution of jurisdiction

14.1These T&Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

14.2In the event of any dispute that might arise in the interpretation and/or execution or in relation to these Terms and Conditions, the Customer may decide to submit their dispute with the Company to a conventional mediation procedure, or any other alternative method of dispute resolution.

14.3The Customer can visit the European Consumer Dispute Resolution Platform set up by the European Commission at the following address, listing all the authorised dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

14.4In case of the failure of this mediation procedure, or if the Customer wishes to go before a court, the rules of the French Code of Civil Procedure will apply.