GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 21/12/2022

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customers or the Customer"), wishing to purchase the products offered for sale ("the Products") by the Seller on the sabi-bijoux.com website. The Products offered for sale on the site are as follows:

  • Handcrafted jewelry for which it is the sole owner of intellectual property rights and which it sells online.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the sabi-bijoux.com website, which the customer is required to consult before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.Product offers are valid within the limits of available stock, as specified when placing the order.

These GTC are accessible at any time on the sabi-bijoux.com website and shall prevail over any other document.

The Customer declares to have read these GTC and accepted them by checking the box provided for this purpose before initiating the online ordering procedure on the sabi-bijoux.com website.


Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The website www.sabi-bijoux.com is a service of the micro-enterprise Lalonde Phédra.

  • Located at 12 rue du dobropol, 75017, Paris
  • Website URL: www.sabi-bijoux.com
  • Email: sabi.bijoux@gmail.com
  • Phone: 0601487574
  • Intra-community VAT number: FR21921004818
  • Registration number: 921004818

Sabi Bijoux reserves the right to modify these general conditions at any time.

 

ARTICLE 2 - PRICES

Products are supplied at the current prices listed on the sabi-bijoux.com website, at the time the order is registered by the Seller.Prices are expressed in Euros, excluding and including VAT.Prices take into account any reductions that may be granted by the Seller on the sabi-bijoux.com website.

These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside of this validity period, to modify prices at any time.

Prices do not include processing, shipping, transportation, and delivery costs, which are billed in addition, under the conditions indicated on the website and calculated prior to placing the order.The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products.


ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the Products they wish to order on the sabi-bijoux.com website, according to the following procedure:

The customer chooses a product, making sure to select customization options if offered, then adds it to their cart. The customer will then have the option to remove or modify their product before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the customer, according to the terms provided.

Product offers are valid as long as they are visible on the website, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the sabi-bijoux.com website constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment of a previous order.


The Customer can track the progress of their order on the website.

Any cancellation of the order by the Customer will only be possible before the delivery of the Products (regardless of the provisions relating to the application or non-application of the legal right of withdrawal).


ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT

To place an order, the Customer is invited to create an account (personal area).

To do this, they must register by filling out the form provided at the time of their order and undertake to provide truthful and accurate information regarding their civil status and contact details, particularly their email address.

The Customer is responsible for updating the information provided. They are informed that they can modify it by logging into their account.


To access their personal area and order history, the Customer must log in using their username and password, which will be provided to them after registration and are strictly personal. As such, the Customer undertakes not to disclose them. Otherwise, they remain solely responsible for any use made of them. The Customer may also request to unsubscribe by visiting the dedicated page in their personal area or by sending an email to contact@sabi-bijoux.com. This will be effective within a reasonable timeframe. In the event of non-compliance with the general terms and conditions of sale and/or use, the sabi-bijoux.com website may suspend or even close a customer's account after a formal notice sent electronically and remaining without effect.

Any account deletion, regardless of the reason, results in the complete deletion of all personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site or server, and subject to any interruption or modification for maintenance, does not engage the Seller's responsibility.

The creation of an account implies acceptance of these general terms and conditions of sale.



ARTICLE 4 - PAYMENT TERMS

Payment is made by secure payment, according to the following terms:

  • payment by credit card.

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider for banking transactions carried out on the sabi-bijoux.com website. Payments made by the Customer will only be considered final after the Seller has effectively received the amounts due. The Seller will not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the full price under the conditions indicated above.

 

ARTICLE 5 - DELIVERIES

Products ordered by the Customer will be delivered in metropolitan France.

Deliveries occur within 2 to 3 days to the address indicated by the Customer when placing their order on the website. Delivery is constituted by the transfer of physical possession or control of the Product to the Customer. Except in specific cases or unavailability of one or more Products, ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

Any package returned to the seller due to an incorrect or incomplete delivery address will be re-shipped at the buyer's expense. The buyer can, upon request, obtain an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the package to be collected at the indicated place and time.

If the ordered Products have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in articles L. 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to them within fourteen days following the date of termination of the contract, excluding any compensation or deduction.

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

If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (missing product compared to the delivery slip, damaged package, broken products...). This verification is considered to have been carried out once the buyer, or a person authorized by them, has signed the delivery slip. The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by mail to the seller at the following address: sabi.bijoux@gmail.com accompanied by all relevant supporting documents (in particular photos). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the delivered Products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided for in these GTC.


ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.


ARTICLE 7 - RIGHT OF WITHDRAWAL

  • Customized Products

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. The contract is definitively concluded upon placement of the order by the Customer according to the terms specified in these GTC.

  • Non-customized Products

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to exercise their right of withdrawal, starting from the day after receipt of the Product by the Customer.

In the case of an order for several Products delivered separately, the period runs from the day after receipt of the last Product. The Customer must inform the Seller of their decision to withdraw within the period set out above either:

- by filling out the withdrawal form in Appendix 1 of these General Conditions and sending it to sabi.bijoux@gmail.com

- by any unambiguous written means by sending it to sabi.bijoux@gmail.com


ARTICLE 8 - PERSONAL DATA

The Customer is informed that the collection of their personal data is necessary for the sale of Products and their delivery, entrusted to the Seller. This personal data is collected solely for the execution of the sales contract.


8.1 Collection of personal data

The personal data collected on the sabi-bijoux.com website are as follows:


Account opening

When creating the Customer/user account:

  • Names, first names, postal address, phone number, and email address.

Payment

For the payment of Products offered on the sabi-bijoux.com website, it records financial data relating to the Customer/user's bank account or credit card.


8.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.


8.3 Data Controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.


8.4 Limitation of processing

Unless the Customer expressly agrees, their personal data is not used for advertising or marketing purposes.


8.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for contractual civil liability.


8.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.


8.7 Implementation of Customer and user rights

In accordance with the applicable regulations on personal data, Customers and users of the sabi-bijoux.com website have the following rights to modify and object to the processing of their data by contacting customer service by email at sabi.bijoux@gmail.com. These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.


ARTICLE 9 - INTELLECTUAL PROPERTY

The content of the sabi-bijoux.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.


ARTICLE 10 - APPLICABLE LAW - LANGUAGE

These GTC and the transactions resulting therefrom are governed by and subject to French law. These GTC are written in French. Should they be translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.


ARTICLE 11 - MEDIATION

For any complaint, please contact customer service at the Seller's postal address or email address indicated in ARTICLE 1 of these GTC.

The Customer is informed that they can, in any event, resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the appointed mediator is CM2C - 14 rue saint Jean 75017 Paris https://www.cm2c.net/ - cm2c@cm2c.net

The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale operations concluded in application of these GTC, and which have not been settled amicably between the seller or through mediation, will be submitted to the competent courts under the conditions of common law.