Terms of sale
GENERAL CONDITIONS OF SALE - INTERNET In force on 07/01/2020 ARTICLE 1 - SCOPE OF APPLICATION These General Conditions of Sale (known as "GTC") apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers, wishing to acquire the products offered for sale ("The Products" ) by the Seller on the site www.clipyk.com. The products offered for sale on the site are as follows: • Costume jewelry items The main characteristics of the products and in particular the specifications, illustrations and indications of the dimensions of the capacity of the products, are presented on the site www.clipyk.com which the customer is required to read before ordering. The choice and redemption of a product are the sole responsibility of the customer. The product offers are understood within the limits of available stocks, as specified when placing the order. These T & Cs are accessible at any time on the site www.clipyk.com and shall prevail over any other document. The Customer declares to have read these T & Cs and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure for the www.clipyk.com site. Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer. The seller's contact details are as follows: PITOIZET KARIMA. 10 RUE ROMAIN GRIMOUX Registration number: 880303623 Email: firstname.lastname@example.org The products produced on the site www.clipyk.com are offered for sale for the following territories: WORLD In the event of an order to a country other than mainland France, the Customer is the importer of the product (s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the customer. 2 - PRICE The Products are supplied at the current prices listed on the site www.clipyk.com, when the order is registered by the Seller. The prices are expressed in Euros, HT and TTC. The prices take into account any reductions that would be granted by the Seller on the site www.clipyk.com. These prices are firm and non-revisable during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time. The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions described on the site and calculated prior to placing the order. The payment requested from the customer is the total amount of the purchase, including these charges. An invoice is drawn up by the seller and given to the customer upon delivery of the products ordered. ARTICLE 3 - ORDERS It is up to the Customer to select the products he wishes to order on the www.clipyk.com site, according to the following methods: The customer chooses a product that he finds in his basket, a product that he can modify or delete before validating his order and accepting the present general conditions. The customer will create an account and choose his delivery method. After validation of the information, the order will be considered final and will require payment from the customer. The order will then be shipped. Product offers are valid as long as they are visible on the site, while stocks last. 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 site www.clipyk.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order. ARTICLE 3 BIS - CUSTOMER AREA - ACCOUNT In order to place an order, the Customer is invited to create an account (personal space). To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address. The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account. To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it. The Customer may also request to unsubscribe by going to the dedicated page on his personal space or sending an email to: www.clipyk.com. This will be effective within a reasonable time. In the event of non-compliance with the general conditions of sale and / or use, the site www.clipyk.com will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic means and left without effect. Any deletion of an account, whatever the reason, results in the outright 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 in the event of maintenance, does not engage the responsibility of the Seller. The creation of the account entails the acceptance of these general conditions of sale. ARTICLE 4 - TERMS OF PAYMENT The price is paid by secure payment, according to the following terms: • payment by Paypal • payment by credit card • Payment by check • or payment by bank transfer The price is payable in cash by the Customer, in full on the day the order is placed. Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the site www.clipyk.com. In the event of payment by check, it must be issued by a bank domiciled in mainland France or Monaco. The check is cashed upon receipt. Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due. The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above. ARTICLE 5 - DELIVERIES The Products ordered by the Customer will be delivered in metropolitan France or in the following areas: WORLD. Deliveries are made within D + 2 / D + 3 for France, D + 3 to D + 5 for the European Union in zone A (the countries being integrated within the European Union), in Zone B (countries outside the European Union) and the rest of the world, the delivery time is the most uncertain of all. This can range from a few days to several weeks, depending on the country of destination and local difficulties which may or may not delay (or even prevent) delivery to the address indicated by the Customer when ordering on the site. The Site ships orders Monday through Friday. Orders placed on a Saturday, Sunday or public holiday will be processed on the next working day. Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. If the Products ordered have not been delivered within 14 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer within 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 returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding. 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 the subject of a specific additional invoicing, on estimate previously accepted in writing by Customer. The Customer is required to check the condition of the products delivered. He has 14 days from delivery to formulate complaints by email, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC. The transfer of the related risks of loss and deterioration will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier. ARTICLE 6 - RIGHT OF WITHDRAWAL According to the modalities of article L221-18 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment. , without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 L. 221-25. The period mentioned in the first paragraph runs from the day: • The conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4 • Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a denial period, the period starts from receipt. of the last good or lot or of the last part. Fear contracts providing for the regular delivery of goods during a defined period, period running from the receipt of the first good. The right of withdrawal can be exercised without ambiguity, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal address or email indicated in ARTICLE 1 of the GTC. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. The return costs remain the responsibility of the Customer The exchange (subject to availability) or reimbursement will be made within 30 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article. ARTICLE 7 - SELLER'S RESPONSIBILITY - GUARANTEES The Products supplied by the Seller benefit from: • the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order, • the equal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use, provisions relating to legal guarantees Article L217-4 cru Code of consumption The seller is required to deliver a good as in the contract and is liable for any lack of conformity existing during the deliverance. It also responds to defects resulting from packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. " Article L217-5 of the Consumer Code The good complies with the contract: 1 ° if it is suitable for the use usually expected of a similar item and, if applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has 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 if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L217-12 of the Consumer Code “Action resulting from lack of conformity lapses two years after delivery of the goods. " Article 1641 of the Civil Code. "The seller is bound by the guarantee for 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 would have given a lower price, if he had known them. " Article 164B paragraph 1 Lla of the Civil Code "The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. " Article L217-16 of the Consumer Code. "When the buyer asks the seller, during the course of the Commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee., Any period of he immobilization of at least seven days is added to the duration of your guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. " In order to assert his rights, the Customer must inform the Seller, in writing (email or letter) of the non-compliance of the Products or of the existence of hidden defects from their discovery. The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents. Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check. The Seller's liability cannot be engaged in the following cases: • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, • in the event of improper use, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear of the Product, accident or force majeure. • The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the Seller. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or affected by a defect. ARTICLE 8 - PERSONAL DATA The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract. 8.1 Collection of personal data The personal data collected on the site www.clipyk.com are as follows: Account opening When creating the Client / user account: Names, first names, postal address, e-mail address. Payment As part of the payment for the Products offered on the site www.clipyk.com, the latter records financial data relating to the bank account or the credit card of the Client and the user. 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 Data Protection Act and from May 25, 2018 of Regulation 2016/1679 on the protection of personal data. 8.4 Limitation of processing Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes. 8.5 Data retention period The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability. 8.6 Security and confidentiality The Seller implements organizational, technical, software and physical measures for 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 the rights of Customers and users In accordance with the regulations applicable to personal data, Customers and users of the www.clipyk.com site have the following rights: - They can update or delete the data concerning them as follows: By logging into your account, in the account configuration. - They can delete their account by writing to the email address indicated in article 9.3 "Responsible for treatment " - They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller" - If the personal data held by the Seller are inaccurate, they can request the updating of the information by writing to the address indicated in article 9.3 "Data controller" - They can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller" - They can also request the portability of data held by the Seller to another service provider - Finally, they can oppose the processing of their data by the Seller These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above. The data controller must provide a response within a maximum of one month. In case of refusal to grant the Customer's request, the latter must be motivated. The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority. The Customer may be invited to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) ARTICLE 9 - INTELLECTUAL PROPERTY The content of the www.clipyk.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting. ARTICLE 10 - APPLICABLE LAW - LANGUAGE These GTC and the operations resulting from them are governed and subject to French law. These T & Cs 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 11 - DISPUTES For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE .1 of these T & Cs. The Client is informed that he may in any event have recourse to conventional mediation, to existing sectoral mediation bodies or to any alternative mode of dispute resolution (conciliation for example) in the event of a dispute. All disputes to which the purchase and sale transactions concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.