General Terms of Sale
The H. GRINGOIRE company designs, creates and sells jewelry items around the world. To meet customer expectations, the H. GRINGOIRE company has implemented a remote sales system for a selection of items via Internet, in parallel to sales by dealers.
ARTICLE 1 - Scope of Application
These General Terms of Sale apply, without limitation or qualification, to all sales made by the H. GRINGOIRE company to non-professional buyers who wish to acquire the products offered for sale by the Seller on the Seller's http://www.hgringoire.fr website or through any other direct link, namely:
- Through orders placed by Buyers, who are natural persons acting as consumers (as defined by law and jurisprudence),
- In view of a delivery to these Buyers, who are natural persons, for their personal use or through third parties of their choice who are also consumers.
These terms apply to all remote sales under the H. GRINGOIRE brand, to the exclusion of all other conditions and, in particular, to the exclusion of conditions applicable to in-store sales or through other distribution and sales circuits. These General Terms of Sale are available at all times on this website and take precedence, where necessary, over any other version or contradictory document. Unless proven otherwise, the data recorded by the H. GRINGOIRE company constitute proof of all transactions.
Information on the Seller is as follows:
H. GRINGOIRE is a limited liability company with a capital of €5,000,000 and a head office at 79 rue de Turbigo 75003 Paris, France, registered in Paris under company number 542 030 630 and VAT number FR 04 542030630 Phone: +33 (0) 1 53 01 95 30, Fax: +33 (0) 1 53 01 95 10, Email: firstname.lastname@example.org
Products are offered within the limit of available stocks. Product availability is indicated when an order is placed.
ARTICLE 2 – Information on Items and Orders
Information (name, definition, reproduction of items, detailed description) related to all items under the H. GRINGOIRE company brand is available on the http://www.hgringoire.fr website or from the Customer Service Manager, who may be reached Monday to Friday from 9 a.m. to 6 p.m. at +33 (0) 1 53 01 95 30.
Great care is taken to ensure the exactitude of online information, item descriptions and data available on the http://www.hgringoire.fr website, and the H. GRINGOIRE company may not be held responsible for insubstantial errors that may occur.
In a similar manner, although photographs and other reproductions of items represent them faithfully on the http://www.hgringoire.fr website, within technical limits and following the market's best standards, these reproductions are indicative only and are non-contractual. However, if an item delivered is not compliant with its description, the H. GRINGOIRE company commits to correcting this error under the conditions listed in these General Terms of Sale.
More generally, the H. GRINGOIRE company shall not be held responsible for:
- Interruptions or delays on the http://www.hgringoire.fr website due to maintenance work, technical breakdowns, force majeure, action by a third party or any other circumstances whatsoever that are beyond company control,
- Momentary lack of access by the Buyer to the http://www.hgringoire.fr website due to causes beyond company control, such as an information system or Internet breakdown.
To order, the Buyer must be of legal age and have legal capacity.
Orders are accepted within the limit of available stocks and production capability. For this reason, the Buyer is informed when placing an order of the expected delivery date.
If, in spite of best efforts by the H. GRINGOIRE company, items ordered are no longer available, the H. GRINGOIRE company shall inform the Buyer using all means and within the shortest possible time and shall reimburse the invoiced price.
Orders placed on the H. GRINGOIRE company website must follow the procedures described on the various screens that lead to order validation.
In general, an express agreement between the H. GRINGOIRE company and the Buyer foresees that emails between the parties, as well as the automatic recording systems used on the http://www.hgringoire.fr site shall be considered official, in particular as concerns the type and date of order.
ARTICLE 3 – Prices
Products are supplied at the prices in effect on the http://www.hgringoire.fr website when the Seller records the order. Prices are in euros with tax included. These prices are definitive and not revisable during their period of validity, as indicated on the Seller's website.
Purchases under €550 do not include processing, shipping, transport and delivery fees, which shall be invoiced in addition to the purchase price.
The Seller shall establish an invoice that is given to the Buyer when the order is delivered.
ARTICLE 4 - Payment Conditions
The Seller shall not be required to deliver the products ordered by the Buyer if the Buyer has not paid the total price under the conditions indicated below. Buyers are requested to pay for the purchase by bank card only.
When paying by bank card, the Buyer accepts in advance and unconditionally that the company proceeds by means of a secure transaction. Buyers thus authorize their bank to debit their account according to the records or statements transmitted by the H. GRINGOIRE company, even in the absence of an invoice signed by the cardholder. Authorization to debit the Buyer's account is always given for the amount of the item(s) purchased and invoiced as such by the H. GRINGOIREcompany. If, for any reason whatsoever, debiting the Buyer's account is not possible, the order shall not be recorded by the H. GRINGOIRE company.
Payments by bank card are debited when the order is sent. Payment made by the Buyer shall not be considered definitive until the amount due has effectively been collected by the Seller.
The sale shall be effective and thus represent a legal contractual link between the Buyer and the H. GRINGOIRE company only when the amount due by the Buyer has been duly and fully paid to the H GRINGOIRE company.
In addition, the Seller reserves the right, in case of non-respect of the payment conditions mentioned above, to suspend or cancel delivery of current orders placed by the Buyer.
Supplementary fees that are greater that the costs to the Seller of using a particular means of payment shall not be invoiced to the Buyer.
ARTICLE 5 – Delivery
Products acquired by the Buyer shall be delivered in metropolitan France within a maximum of 20 days, and the H. GRINGOIRE company shall commit to making best efforts to meet the deadline indicated on website orders.
However, this deadline is an indication only, and a possible delay shall not give rise to a request for payment of damages, a deduction or a cancellation of the order by the Buyer. Thus, the H. GRINGOIRE company shall not be held responsible contractually in case of delay.
In other words, a reasonable delay in delivery (within the limit of 30 days after the deadline indicated at the time of order) shall not give rise to the cancellation or invalidity of the sale concluded between the H. GRINGOIRE company and the Buyer.
Except for special cases or the unavailability of one or more items, the products ordered shall be delivered in a single delivery.
Delivery shall have occurred when the products ordered by the Buyer and given to the transporter have been given by the transporter to the Buyer, who has accepted them without reservation.
The Buyer shall therefore recognize that the transporter must make the delivery and that the Buyer shall take no action against the loader, even though this is the Seller, if transported merchandise is not delivered.
If the Buyer has a special request concerning the packaging or transportation conditions of products ordered and this has been duly accepted in writing by the Seller, costs related to this special request shall be listed in a specific complementary invoice; the estimate of these costs shall have been previously accepted in writing by the Buyer.
The Buyer shall verify the condition of products delivered.
Without prejudice to the Buyer's right to cancellation period, the Buyer shall, within eight days counting from reception of the item, check the package upon arrival and make all necessary reservations or complaints concerning non-compliance or obvious defects, with all the relevant justification. After this eight-day period, and if the formalities have not been followed, the product(s) shall be considered compliant and free of defects and the Seller will no longer validly accept complaints.
The Seller shall replace, as soon as possible and at the Seller's expense, products delivered with obvious defects or non-compliance that has been duly proved by the Buyer.
ARTICLE 6 - Ownership Transfer - Risk Transfer
Transfer of product ownership from the Seller and the correlative transfer of risk of loss and deterioration shall occur when the order has been accepted by the Buyer; this materializes the agreement between the parties on the goods and on the price, whatever the payment and delivery dates.
Therefore, the product(s) travel at the Buyer's risk; in case of damage, the Buyer may lodge all complaints against the transporter under current legal and regulatory conditions.
The transfer of product ownership from the Seller to the Buyer shall be effective only after full payment of the price by the Buyer, whatever the delivery date of said product.
ARTICLE 7 - Right to Cancel and Product Exchange on the eBoutique
In compliance with the provisions of Articles L 121-20 and following of the Consumer Code, the Buyer shall have the right to a cancellation period of seven working days, starting from delivery of the product(s), to return the product(s) to the Seller for exchange or reimbursement, on the condition that the product(s) be returned in the original packaging and in perfect condition, within seven days after delivery.
Damaged, dirty or incomplete items will not be taken back.
The Buyer alone shall pay for the cost of product return.
Returned products shall be accompanied by a return form, which is available on the website, and the invoice.
Exchange (depending on availability) or reimbursement shall be made within thirty days, starting from reception by the Seller of items returned by the Buyer. For all exchange requests for a product against the same product in a smaller or larger size, the Buyer must send a letter beforehand specifying the request, in particular the size desired.
Upon reception of the request and subject to acceptation, H. GRINGOIRE shall send a return form via email that must be included in the package returned.
ARTICLE 8 - Seller's Responsibility - Warranty
In compliance with legal provision, the products supplied by the seller are covered by:
- a legal warranty to ensure compliance (Article L 211-4 of the Consumer Code),
- a legal warranty against hidden defects stemming from a defect in material, design or manufacturing that affects delivered products and makes them unable to be used (Article 1641 of the Civil Code).
The warranty does not apply in the case of improper use, negligence or lack of care by the Buyer, or in the case of normal wear, accident or force majeure, and the Seller's warranty is limited to the replacement or reimbursement of non-compliant or defective products.
In order to benefit from this warranty, the Buyer must inform the Seller in writing of the existence of defects within a period of thirty days maximum, starting on the day the defects were discovered.
In addition, according to the terms of Article L 211-12 of the Consumer code, action resulting from a defect in compliance is prescribed two years from the date of delivery of the item.
The Seller shall replace or repair the defective products or parts that are under warranty. Products sold on the website are compliant with current regulations in France. The Seller shall not be responsible for failure to comply with legislation in the country where the products are delivered, which compliance shall be verified by the Buyer.
Photographs and illustrations of the products on the website are non-contractual and shall not engage the Seller's responsibility.
The Buyer shall have sole responsibility for the choice of products, their conservation and their use.
The Seller shall not be considered responsible or negligent for any delay or non-execution following a case of force majeure normally recognized by French jurisprudence.
ARTICLE 9 - Data Processing and Civil Liberties
In application of Law no. 78-17 dated January 6, 1978, nominative data requested from the Buyer are required for processing the Buyer's order and in particular for establishing an invoice. The processing of information communicated through the Seller's website has been declared to the National Commission for Information Technology and Civil Liberties (CNIL).
In accordance with current French and European regulations, the Buyer has the continuing right to access, modify, rectify and oppose information concerning the Buyer.
ARTICLE 10 - Intellectual Property
Site contents are the property of the Seller and the Seller's partners and is protected by French and international intellectual property law.
Any total or partial reproduction of these contents is strictly prohibited and may be considered as counterfeiting.
In addition, the Service Provider shall own all intellectual property rights for studies, drawings, models, prototypes, etc., made in view of providing service to the Buyer (even if this service was requested by the Buyer). The Buyer shall not reproduce or use these studies, drawings, models, prototypes, etc., without the previous express authorization of the Service Provider, who may require a financial contribution.
ARTICLE 11 - Applicable Law – Language
By express agreement between the parties, this contract is subject to and governed by French law.
It is written in French. In the event this contract is translated into one or more languages, the French text shall prevail in case of litigation.
ARTICLE 12 – Litigation
Any litigation arising from this contract concerning its validity, interpretation, execution or cancellation, and the consequences thereof shall be submitted to the competent courts under the conditions of general law. In the case of litigation with professionals and/or merchants, the courts of the city of Paris shall be competent.
ARTICLE 13 - Precontractual Information - Acceptation by the Buyer
The Buyer shall recognize having received communication, in a clear and comprehensible way, before the conclusion of the contract, of these General Terms of Sale and of all information mentioned in Article L 121-19 of the Consumer Code, in particular as concerns:
- the main characteristics of services proposed, in an appropriate way for the means of communication used and the services concerned;
- the identity of the professional (company name, geographical address of the company and phone number);
- the total price of services including taxes or, when the price cannot reasonably be calculated beforehand because of the type of service, the method for calculating the price and, if necessary, all additional fees or, when these fees cannot reasonably be calculated beforehand, the mention that these fees may be demanded;
- if necessary, the means of payment, of execution, the date upon which the Service Provider commits to providing the service, and the means provided for processing claims;
- a reminder of the legal warranty for service compliance, the existence of an after-sales service and commercial warranties, if necessary, as well as their relevant conditions;
- the duration of the contract, if this has been established or, if it is of unlimited duration or automatically renewed, the conditions for canceling the contract.
The fact that a natural person (or legal entity) places an order on the Seller's website implies full acceptance and adherence to these General Terms of Sale, and this shall be expressly recognized by the Buyer, who waives the right to any contradictory document that would be unenforceable by the Seller.