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PréambuLE

The present general terms and conditions have been established by Sophie LALANDE, attorney at law, a registered barrister of BAYONNE.

All reproduction is prohibited.

 

These present terms and conditions of sale, which are subject to change on an ad hoc basis, apply to the sale of all products on the website http://www.uneaune.com/.

1. Définitions

Each of the expressions mentioned below, whether used in singular or plural, will in this agreement have the following meaning:

 

  •      General Conditions : designates these terms and conditions.
  •      The Publisher or Seller : designates the SARL UNE CREATION, whose office is situated  2 allée St Germain - 40510 Seignosse, registered with the RCS of Dax under the number 752 305 821.
  •      The Customer or Buyer or Internet user : designates the individual placing an order on the website http://www.uneaune.com/
  •      The online store  or  Website : designates the website http://www.uneaune.com/

2. Object

These terms and conditions aim to define the rights and obligations of both parties during online sales of products offered by the Seller to the Buyer.

3. entirety/OBLIGATIONS

These terms represent all obligations of both parties. In that sense, the Buyer is deemed to accept them unreservedly.

The Seller and Customer both agree that these present terms exclusively govern their relationship. The Seller reserves the right to occasionally modify his terms and conditions. They will apply as soon as they appear online.

If a condition of sale was to not go through, it would be governed by the procedures in force in the area of distance selling compagnies which have their headquarters in France.

4. ORDERS

For an order to be validated, the Buyer must accept these terms and conditions by clicking where indicated. He shall also choose the address and mode of delivery, and finally validate the method of payment.

Any order implies the acceptance of prices and descriptions of the  products available for sale.

In some cases, including non-payment, an incorrect address or other problems on the account of the Buyer, the Seller reserves the right to block the order of the Buyer until the problem is resolved.

The products shown are only available whilst stocks last.

Accordingly, the Seller shall not in any way guarantee the availability of any product for sale at any given period. Any claims of the Buyer concerning the order or delivery of an item mentioned as unavailable on the Site will be considered  unfounded.

The Publisher holds an inventory update system. However, in case of unavailability of a product after an order is placed by the Buyer, the Seller is commited to keep the customer informed by email as soon as possible. The customer can then request an exchange or cancel the order of the product concerned by sending an email or making the application directly on the « CONTACT US » section of the website. In this case, the Seller will refund within a maximum of 30 days the amount  paid by the Client. If applicable, the remainder of the order will however remain firm and final.

Order confirmation

The contractual information will be confirmed via email no later than the time of delivery or, failing that, to the address specified by the Purchaser on the online form.

 

5. ELECTRONIC SIGNATURE

The online provision of the credit card number of the Buyer and the final validation of the order will be worth proof of the agreement of the Buyer in accordance with the  Law No. 2000-230 of 13 March 2000 and will be worth :

 

  •      The  payment due under the order

 

• The signature and acceptance of all operations carried out.

 

In case of fraudulent use of the Buyer’s bank card, the Buyer is required, upon the finding of such use, to contact the Seller at the following number immediately : 09 72 31 28 78

6. PROOF OF THE TRANSACTION

The records stored in the computer systems of the Seller within reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The filing of purchased orders and invoices are kept on a reliable and durable database so they can be produced as evidence whenever necessary.

7. PRODUCT INFORMATION

The products governed by these present terms and conditions are those listed on the website of the Seller and which are indicated as sold and shipped by the Seller. They are subject to availability.

The products are described and presented with the greatest possible accuracy. Photographs of products are not contractual.

8. PRICE

The seller reserves the right to change prices at any time but is committed to applying the current rates listed at the time of the order, subject to availability on that date.

 

Prices are quoted in euros and include the order processing fee. They do not include delivery fees, which are additional charges, indicated before the validation of the order.

 

The prices include the French VAT at the date of the order and any rate change will be therefore added to the prices of products in the online store. At no time can payments be considered as a deposit or installments.

 

Transfer of ownership

The Seller retains full ownership of the goods sold until full receipt of the total amount owed by the Customer for his order, including fees and taxes. These provisions do not preclude, upon delivery of the products transfered to the Client, risk of loss or damage to the goods subject to retention of title as well as damages they could cause

 

9. paYment

9.1 Payment by credit card

Customers can pay online with credit cards marked either CB, VISA or MASTERCARD.

The Buyer guarantees the Seller that he has authorized permission to use  credit card payments.

 

The Seller reserves the right to suspend any order and any delivery in case of refusal to authorize payment by credit card from certified financial institutions. The Seller specifically reserves the right to refuse to make a delivery or to honor an order coming from a Buyer who has not fully paid either a previous order or with whom a payment dispute is under administration .

As part of this audit, the Buyer may be asked to submit to the to the Seller a copy of a photo ID and proof of address. The order will not be confirmed until after receipt and verification of the papers by the Seller.

 

The security of payments by credit card online is guaranteed by the secure payment service of the CIC that integrates SSL standards. The Customer's confidential data (credit card number of 16 digits, expiration date and the visual symbol) are directly encrypted. After confirming the order, the CIC requires prior authorization from the network bank card, then it issues an electronic certificate. For payment by credit card on the website, the electronic certificate is proof of the amount and the transaction date is in accordance with legal provisions, and the authentic time and date.

Due to the proliferation of credit card frauds, the Seller reserves the right either to contact the customer at the telephone number indicated by the latter in the form filled at the time of  the order or to request a photocopy of the identity of the Client and / or proof of address and the amount of the order. If in doubt about the identity of the card holder or sponsor, the Seller reserves the right to demand payment by bank transfer or cancel the order within 15 days after validation of the latter on the site. In this case, the payment of the order will not be effective and the amount will not be debited from the account of the Customer.

 

9.2 Payment by cheque

The customer can also pay by cheque. After printing out the order form, he must send it along with a cheque of the designated amount due, signed and payable to the Company UNE CREATION to the following address:

                 

Une Création

2 allée St Germain – 40510 Seignosse

 

The order will be processed upon receipt of the cheque and will take place only after the cheque has cleared.

 

9.3 Payment by bank transfer

The customer can also pay by bank transfer to the following account:

 

CIC de Capbreton

Code banque : 10057

Code guichet : 19111

N° de compte : 00090199002

Clé RIB : 27

IBAN : FR76 1005 7191 1100 0901 9900 227

 

 9.4 Payment by PAYPAL

We also offer the option to pay via a PayPal account. If applicable, the Buyer must simply validate the chosen means of payment by ticking the PayPal payment option for his order when it is proposed to him, and then to connect to his own Paypal account using his username and Paypal password, finally confirming the payment.

 

The transaction amount will be debited immediately.

 

10. DELIVERY

 

Except in cases of force majeure or in times of our online shop's closure which will be clearly announced on the home page of the website, shipping time will be, within the limit of stocks available, those indicated below.

 

10.1- The shipping of an order ranges from 1 to 4 working days. These delays are within the limits of available stocks. These delays start from the validation of the payment or the completion of the orders, verification procedures provided for in these terms. They include the procedures for registration and billing of the order and finally the logistic preparation of the order, whether provided in-house or outsourced by a partner.

 

In all cases, the Seller will keep the Client informed of the whereabouts of their order on request by email or through the « MY ACCOUNT » section on the website.

 

Products purchased on the Site are shipped to the delivery address specified by the Client during the placement of the order, which will be verified systematically due to the increase in frauds.

 

10.2- Delivery times are those mentioned during the online checkout process ,excepting weekends, from the filing date. The Seller reserves the choice of transport. Regarding shipments by POST, in the absence of the Customer at the time of delivery, the latter may withdraw on schedule his order at the stated  post office with the delivery notice issued by the Clerk. For deliveries made by another carrier, in the absence of the Customer at the time of delivery, the latter is to read the conditions mentioned on the notice of passage that has been deposited at the delivery address.

The products are delivered to the address indicated by the Buyer on the purchase order, the Purchaser shall ensure it’s accuracy.

Any parcel returned to the Seller due to an incorrect or incomplete shipping address will be sent back at the Purchaser's expense. 

 

10.3- Methods of delivery

 

Every parcel returned to the Seller because of an incorrect or incomplete shipping address will be returned at the expense of the Buyer.

The delivery is made only after confirmation of the payment by the Seller’s banking organization.

 

11. COMPLIANCE AND QUALITY

All items are subject to a contractual guarantee, which does not preclude the legal guarantee provided by Article 1641 of the Civil Code. For any defective items delivered, the customer benefits from a guarantee allowing him to return in accordance with Articles L211-4 and following  the Consumer Code.

 

If at the time of delivery, the original packaging is damaged, torn or opened, then the Buyer must check the state of the items. If they have been damaged, the Buyer must immediately refuse the parcel and note the reason on the delivery slip (parcel refused because opened or damaged,etc). The Buyer must indicate the problem on the delivery order with a handwritten comment accompanied by his signature stipulating any anomaly concerning the delivery (missing products when compared to the original delivery order, damaged packaging, broken products ...). This check is considered to be made as soon as the Buyer, or a person authorized by the Buyer, signs the delivery note.

 

The Buyer must inform the Seller on the day of delivery or no later than the first business day after delivery, any claim of error of delivery and / or non-compliance of products of any kind or in quality compared to indications on the order form. Any complaints formulated beyond this time will be rejected.

The claim could be made, at the option of the Purchaser :

 

  • • By using the feedback form available in the section « MY ACCOUNT ».

 

Any claim that is not made following the rules defined above and which is placed outside the stated time limits shall not be taken into account and releases the Seller of any responsibility towards the Buyer.

 

In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the Seller together with the return slip and in it’s original packaging, via Colissimo, and accompanied by the duly completed return form, to the following address:

 

Une Création

2 allée St Germain – 40510 Seignosse

 

This right of return is exercised without penalty, return costs being borne by the Seller. The Buyer will be reimbursed via his bank account (secure transaction)which shall be recredited  the full amount within fourteen days of receipt of the product or the receipt of proof of the shipment of the product, depending on the earliest recieved by the Seller.

 

12. RIGHT OF WITHDRAWAL

The Buyer will dispose of 14 working days from the date of delivery of his order to return any item that  does not suit him and ask for an exchange or a refund without any penalty, except the cost of return which remains the responsibility of the Buyer.  Please note that business customers do not benefit from this right of withdrawal.

 

It is however specified that in accordance with the article L121-20-2 of the Consumer Code for custom jewelry according to customer specifications that the latter shall not benefit from this right of withdrawal.

 

For the other items, only those returned in their entirety , in their original packaging, complete and intact and in perfect condition for resale will be accepted by the Seller. Any product that has been damaged or whose original packaging has been damaged, will neither be refunded or exchanged.

 

 

Return Process

In accordance with the Article L121-21-2 of the Consumer Code, the Buyer must inform the Seller of his decision to withdraw before the expiration of the 14 day period, via a return slip available in « MY ACCOUNT ».

 

The product must be returned to the Seller within the stated  period, whole, in it’s original packaging, via Colissimo and duly accompanied by the completed return slip that allows the Seller to identifie the order , to the following address:

 

Une Création

2 allée St Germain – 40510 Seignosse

 

This right of withdrawal is without penalty, provided that the Buyer acknowleges that the return costs are his responsibility. In the case of an exchange, the return will also be at the Buyer's expense.

 

The Buyer shall be reimbursed via his bank account (secured transaction) within fourteen days of receipt of the product or the receipt of proof of the shipment of the product, whichever is the earliest to arrive.

 

13. In the case of Force majeure

All circumstances beyond the will of the parties preventing the execution under normal conditions of their bonds are regarded as grounds for exemption from the obligations of the parties and may cause their suspension.

 

The party relying on the above mentioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

 

Will be considered as force majeure any compelling facts or circumstances, outside the parties, unpredictable, unpreventable, independent of the will of the parties and which can not be prevented by them, despite all efforts reasonably possible. Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals : the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning, no network service or difficulties specific to telecommunication networks to the customers.

 

14. ENTIRE AGREEMENT

In the event of any clause of the present Contract being declared void,such as law enforcement, rules, regulations or after following a final decision of a competent court, the other stipulations shall remain in force to their full extent.

In the event of difficulty of interpretation between either one of the titles which figure above the clauses, or any one of the clauses themselves, the titles will be declared nonexistent.

 

15. Non-WAIVER

The failure of either party not to claim a breach by the other party to any obligations contained in these Terms and Conditions shall be construed in the future as a waiver of the obligation in question.

 

16. LIABILITY

 

All local taxes, import duties or state taxes demanded of the Buyer after the sale are not under any circumstances the responsibility of the Seller. It is also up to the customer to check with local authorities of the possibilities of import or use of the products he intends to convey.

 

 

17. PRIVACY : PROTECTION OF PERSONAL DATA

The control process involves collecting certain personal information about the customer. Under the Data Protection Act of January 6, 1978, the Customer has at any time the right to access and correct the information concerning him. The processing of this information is under the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL).

 

18. APPLICABLE LAW

If writen in several languages, only the French version shall be taken into account.

 

These terms and conditions are subject to the application of French law.

 

UNE CREATION proposes their jewelry both to French and International  internet users. In case of dispute or claim, the Buyer will primarily contact UNE CREATION in order to find an amicable solution. Otherwise, the French courts will have jurisdiction.

 

* In case of sale to consumers:

 

Any procedure or dispute born from this agreement will become the responsibility of the court of the place of domicile of the defendant or, at the choice of the defendant, that of the place of the effective delivery of the product.

 

* In case of sale to a professional:

 

Failing to find an amicable settlement between the different parties, the Tribunal of Commerce in Bayonne has exclusive jurisdiction, even in cases of multiple defendants, summary proceedings or of third parties.

 

19. CONTACT ADDRESS AND RETURN

AFTER SALES SERVICE

In all cases, the only address to be used for contacting the Publisher or for returning items is the following  (to the exclusion of any other address):

 

Une Création

2 allée St Germain – 40510 Seignosse

FRANCE

contact@uneaune.com


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