TERMS AND CONDITIONS
The present general conditions of sale (the "General Conditions of Sale") are those of the Cécile Boccara workshop, having its head office at 8, passage du Grand Cerf in Paris 2nd, identified in the Paris Trade and Companies Register under the number 390 965 390, carrying out its activity under the intra-community VAT number FR21 390 965 390 00037.
1. Purpose and acceptance of the General Terms of Sale
The General Conditions of Sale are applicable to any online order on the e-commerce website of L'atelier Cécile Boccara accessible at www.cecileboccara.com (the "Site") of jewelry and accessories (hereinafter referred to as the "Articles") by a final consumer of legal age located in metropolitan France or in one of the other zones served by L'atelier Boccara (the "Customer").
The General Conditions of Sale are intended to define the terms of online sale of items by the Atelier Cecile Boccara, as well as the rights and obligations of the Customer making a purchase online.
The Atelier Cécile Boccara sells the items present on its website only to retail and to final consumers.
The current General Terms and Conditions of Sale are accessible at any time on the Site and the Customer has the possibility to save and/or print them before validating his order.
The Customer declares that he/she has read and unconditionally accepted the General Terms and Conditions of Sale before placing his/her order by checking the box provided for this purpose, any validation of the order implying in any case the acceptance by the Customer of the General Terms and Conditions of Sale.
The General Terms and Conditions of Sale applicable to the sale are those in force on the date the order is placed. Any deviation from the General Terms and Conditions of Sale will only be valid after prior written agreement from the Atelier Cécile Boccara.
The Atelier Cécile Boccara reserves the right to update the General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will apply to all new orders placed as soon as they are published online.
2. Items offered for sale on the Site
2.1 Description of the Articles
In accordance with the article L. 111-1 of the Code of consumption, the Customer has the possibility, before his order, to take note on the Site of the essential characteristics of the Article(s) which he wishes to order.
The Atelier Cécile Boccara takes great care in the presentation of the Articles on the Site. Nevertheless, the photographs and graphics illustrating the Articles are only illustrative and variations may occur. In case of obvious difference between the characteristics of the Article and its representation, the responsibility of the Atelier Cécile Boccara can in no case be engaged.
The Customer is invited to consult the description of the Articles on the Site and to contact the Customer Service of the atelier Cécile Boccara to obtain, if necessary, additional information.
2.2 Availability of items
The Articles are offered within the limits of available stocks. Atelier Cécile Boccara does not guarantee the availability of the items presented on the website.
In case of unavailability of one or more Articles after placing the order, the Customer will be notified by e-mail to the e-mail address indicated at the time of his order and the price corresponding to the missing Article(s) will not be debited, or if necessary, refunded to the Customer's credit card.
3. Prices of the Articles communicated on the Site
The prices of the Articles appearing on the Site are indicated in euros, including all taxes.
Packaging and delivery costs may be subject to additional billing, depending on the amount of the order, and will be specified in any case to the Customer before the final validation of his order.
L'atelier Cécile Boccara reserves the right to modify its prices at any time, without any other formality than to post the modifications on the Site, it being understood that the price invoiced to the Customer is the price indicated at the time of the order registration.
The conditions of an offer may be modified as long as the Customer has not validated his order under the conditions defined below. Any modification of order carried out after possible modification of the prices, will involve the automatic application of the new prices.
The payment of the price is carried out cash with the order. No order can be taken into account in the absence of a complete payment at this date.
4. Modalities of order of the Articles
To place an order on the Site, the Customer must be major, have the legal capacity and have a means of payment authorized by the Site.
The sale is considered definitively formed after validation of the payment by the Customer and receipt by the Customer of the confirmation email.
The Customer acknowledges that, unless proven otherwise, the data recorded on the Site constitute the proof of the entire transaction between the Customer and the Cécile Boccara workshop.
5. Refusal of an order
The Atelier Cécile Boccara reserves the right to refuse or cancel any order, for a legitimate reason, such as a difficulty in supplying an item, a problem concerning the understanding of the order received (illegible document ...), a foreseeable problem concerning the delivery to be carried out or due to the abnormality of the order made on the Site.
In such a case, the Atelier Cécile Boccara will send an e-mail to the Customer using the e-mail address communicated by the Customer at the time of the order and will not charge the Customer the sums to be paid or, if necessary, will reimburse the Customer the sums already received by the Atelier Cécile Boccara for the disputed order.
All orders, regardless of their origin, must be paid for online, in euros and according to the authorized means of payment proposed on the Site.
The Customer guarantees that he/she has the necessary authorizations to use the payment method chosen at the time of validation of the order. Any payment incident will result in the automatic cancellation of the order and/or the immediate suspension of the delivery of the Article(s).
7. Delivery of the Articles
7.1 Place of delivery
The Articles are delivered to the delivery address indicated during the ordering process
- at the latest 7 days from the validation of your order by Atelier Boccara for a delivery in Metropolitan France if the ordered Article is available.
- within 2 to 5 weeks if the ordered article must be manufactured by the workshops of L'atelier Boccara.
In this regard, it is recalled that (i) the Articles ordered but not available in stock will be delivered on the date indicated on the order confirmation email, (ii) no delivery can be made to a post office box and (iii) the Articles can be delivered in metropolitan France and in any other area served by L'atelier Cécile Boccara. To find out if the desired location for delivery is part of the areas served by the Atelier Cécile Boccara, please contact the Customer Service of the Atelier Cécile Boccara at the address listed in Article 17. No delivery will be made outside this territory.
For any delivery outside the territory of metropolitan France, the delivery time will be indicated in the email confirming shipment. The Customer will be able to follow the delivery of his order via a tracking number.
In the event of a delivery outside of France, any customs duties and other taxes and formalities are the exclusive responsibility of the Customer.
L'atelier Cécile Boccara cannot be held responsible for damages resulting from an error of the Customer in the information provided (loss of the Article, delay in delivery, etc.).
If the Customer is not present at the delivery address he indicated when ordering on the day of delivery, a notice of passage is left in his mailbox, indicating him to withdraw his package at the carrier's office and within the period indicated in the notice of passage. After this period, the package is returned to the workshop Cecile Boccara.
The Customer acknowledges that the delivery is considered completed when the package is delivered to the mailbox, directly to the Customer's home or to the carrier's office, with the carrier's proof of delivery as proof.
7.2 Delivery time and costs
The delivery time and cost depend on the delivery method chosen by the Customer when ordering.
In case of delay in the shipment of the article(s) ordered within the period indicated on the Site, Atelier Cécile Boccara will inform the Customer, by e-mail sent to the e-mail address indicated by the Customer at the time of his order, of the possible consequences on the delivery date initially indicated to the Customer.
The Atelier Cécile Boccara cannot be held responsible for any delay in delivery attributable to the delivery services.
If the order is not delivered within the maximum delivery time indicated in the order confirmation email, the Customer has the right to cancel the order within a maximum of sixty (60) days from the first day of the delay and will be reimbursed the amount of the cancelled order.
In the case of past purchases of items not available in stock, the delivery default starts to run from the first day of the delivery date provided in the order.
8. Reception of the Articles
It is the Customer's responsibility to check the condition of the packaging of the Article(s) and their conformity upon delivery.
In case of deterioration of the package or apparent anomaly (damaged package, opened, etc.) the Customer must imperatively formulate his reserves with the carrier or the carrier's office within forty-eight hours following the delivery date and report it to the Customer Service of the Atelier Cécile Boccara whose coordinates are given in article 17. Depending on the case, the Atelier Cécile Boccara may proceed, after examination of the Article(s) (which must be returned to the Atelier Cécile Boccara within fourteen (14) days of the delivery date), to their exchange or refund. The shipping costs for the returns are at the expense of the buyer.
9. Right of withdrawal
In accordance with the provisions of Articles L. 121-21 and following of the Consumer Code, the Customer has the legal right to withdraw within fourteen (14) calendar days from the date of receipt of the Article ordered on the Site, without having to justify reasons, by sending to the Customer Service of the Atelier Cécile Boccara any unambiguous statement clearly expressing his desire to withdraw, or by sending the withdrawal form contained in the Annex to these Terms and Conditions of Sale to the Customer Service of the Atelier Cécile Boccara whose contact details are given in Article 17.
As of the notification of his intention to withdraw under the conditions provided above, the Customer has an additional period of fourteen (14) days to return, at his own expense and under his responsibility, the Article(s) by mail to the address indicated above.
In order to be reimbursed, the Article(s) must be returned in their original packaging and condition, accompanied by a copy of the invoice for the Article(s).
The Customer is informed that, for reasons of hygiene, the Articles unsealed, opened and/or used by the Customer after delivery cannot be returned.
If the above conditions are met, the Atelier Cécile Boccara will reimburse the Customer for the totality of the sums incurred for the order of the returned Articles, including the delivery costs calculated according to a standard delivery method, on the Customer's bank card used for the order within fourteen (14) days from the recovery by the Atelier Cécile Boccara of the returned Articles.
In accordance with Article L221-28 of the Consumer Code, this right of withdrawal does not apply to items made to the Customer's specifications or for personalized items.
The Cécile Boccara workshop is held responsible for the defects of conformity of the Articles sold under the conditions provided for in Articles L.211-4 and following of the Consumer Code as well as hidden defects of the Articles sold under the conditions provided for in Articles 1641 and following of the Civil Code.
Any request formulated by the Customer under the legal guarantee of conformity or the guarantee against the hidden defects must be addressed to him.
When the consumer acts in legal guarantee of conformity, he benefits from a two (2) years deadline as from the delivery of the Article to act.
The consumer may choose between repairing or replacing the Article, subject to the cost conditions provided for in Article L.211-9 of the Consumer Code.
The consumer is exempted from proving the existence of the lack of conformity of the Article during twenty-four (24) months following the delivery of the Article.
Where applicable, the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer can decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, the consumer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
11. Amicable settlement of disputes
In the event of a dispute between the parties and following the failure of a written complaint by the Customer to the customer service department (whose contact details appear in article 17) or in the absence of a response from this department within a reasonable period of one (1) month, the Customer, within one year of his complaint, may have recourse to any alternative method of settling disputes and in particular to a mediation procedure by contacting the following mediator(s)
Medicys, 73 boulevard de Clichy, 75009 Paris
and/or by accessing the European online dispute resolution platform at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
This procedure is free of charge and the Customer may, at his own expense, be assisted by a counsel. The customer is free to accept or refuse the recourse to mediation and, if necessary, the solution proposed by the mediator.
12. Reservation of ownership - Transfer of risks
The Atelier Cécile Boccara reserves full ownership of the Articles sold until the Atelier Cécile Boccara receives full payment, including fees and taxes. The transfer of risks relating to the Articles to the Customer occurs upon receipt of the Articles by the Customer, the atelier Cécile Boccara remaining responsible in case of loss, theft, damage or destruction during transport.
13. Limitation of liability
The items offered for sale on the Site are intended for consumers.
L'atelier Cécile Boccara cannot be held responsible for any loss or indirect damage suffered by the Customer or by third parties due to the Articles or their use.
L'atelier Cécile Boccara guarantees the conformity of its products with the French legislation in force but cannot be held responsible in case of non-conformity with the legislation of the country of delivery of the products.
L'atelier Cecile Boccara can not be held responsible in case of non-fulfillment of the order due to a case of force majeure, such as disruption, total or partial strike of transport and / or communication, fire, flood etc..
L'atelier Cécile Boccara shall not be liable for any direct or indirect damage, whatever the causes or consequences, including loss of profits, customers or data that may arise from the use of the Articles.
14. Intellectual property
The intellectual property rights attached to the Articles sold on the Site are and remain the exclusive property of the Cécile Boccara workshop, which does not grant any license or any other right than the right to consult the Site and to use and wear the Articles.
15. Data processing and liberties
The personal data of the Customer are necessary for the management of the order and the commercial relations. It may be transmitted to companies that contribute to these relations such as those responsible for the execution of orders for their management, execution, processing and payment. This information and data is also kept for security purposes, to comply with legal and regulatory obligations and to improve the commercial relationship with the Customer, including the sending of commercial prospecting.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and oppose, for legitimate reasons, personal data concerning him. It is enough for the Customer to write by email or mail to the address appearing in article 17, by indicating his name, first name, email and postal address.
16. Applicable law - Jurisdiction
The General Terms and Conditions of Sale and the contractual relationship between the Atelier Cécile Boccara and the Customer relating to the order of an item on the Site are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction, to the exclusion of all others.
17. Customer Service of L'atelier Cécile Boccara
For any question relating to the purchase of the Articles and their use, request for advice or complaint, the Customer may contact the workshop Cecile Boccara:
- By email at firstname.lastname@example.org
- By phone at +33 (0)1 42 33 28 89 (cost of a local call) from Monday to Friday, from 10am to 7pm
- By mail to the address CECILE BOCCARA - 8 passage du Grand Cerf 75002 Paris
Terms and conditions of sale updated on 27/06/2017.