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Terms of Sales

Welcome and thank you for your trust. You will find below the General Conditions of Sale applicable from September 1, 2023 on the site manoyas.com. Please note that Manoyas Paris provides its Customers and Users of its site with customer service which can be contacted according to the following methods by email at the address: yasmine@manoyas.fr .

These General Conditions of Use and Sale provide information on the rights and obligations of the Seller and the Buyer in the context of a sale made on all Manoyas brand products offered on the online jewelry site. at the following address www.manoyas.com .

Article 1. DEFINITIONS

Capitalized terms refer to the following definitions:

  1. The “ Company ” refers to the company Manoyas Paris whose head office is located at 101 rue de Sèvres 75272 Paris cedex 06, registered in the Paris Trade and Companies Register under number 948235023 and whose intra-community VAT number is FR49948235023.
  2. The “ Site ” designates the website accessible from the URL link www.manoyas.com published by the Company to present and sell its Products.
  3. The “ User ” refers to any person browsing the Site.
  4. The “ Product ” refers to any type of material product sold online on the Site, and in particular 18-carat gold and diamond jewelry.
  5. The “ Order ” means any purchase of a Product by the Customer from the Company via the Site.
  6. The “ Customer ” means the natural or legal person, professional or not, purchasing a Product from the Company on the Site.
  7. The “ General Conditions of Sale ” or “ CGV ” designate the present general conditions of sale, applicable within the framework of the contractual relationship between the Company and its Customers, which include the confidentiality policy possibly available on the Site and any element of the Site to which they expressly refer.

Article 2. FIELD OF APPLICATION

  1. Object . These General Terms and Conditions govern the sale of any Product to a Customer on the Site, which includes the conditions of use of the Site made available by the Company. The General Terms and Conditions are accessible at any time on the Site. They take effect from their update date indicated at the top of this document and take precedence, where applicable, over any other version, previous or future.
  2. Ability . Any use of the Site to place an Order implies acceptance and compliance with all the terms of these General Terms and Conditions. The Customer declares to be of legal age and capable of contracting under the law of his country or declares to represent, by virtue of a valid mandate, the person for whom he is carrying out the Order.
  3. Acceptance of the General Terms and Conditions . The Customer declares to have read the General Terms and Conditions and to have accepted them before any Order, which implies unreserved acceptance of these general conditions of sale. By this acceptance, the Customer acknowledges that, prior to any Order, he has benefited from sufficient information and advice from the Company, allowing him to ensure the adequacy of the content of his Order to the needs which are the his. These General Terms and Conditions constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.

    Unless proven otherwise, the data recorded by the Site constitutes proof of all the facts, acceptance and transactions.

  4. Scope of the General Terms and Conditions . The Customer may request a copy of the version of the General Terms and Conditions applicable to their Order at any time. No specific conditions, at the initiative of the Customer, may be added to and/or substituted herein. The General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales through other distribution and marketing channels for the Products. The Company reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc. which are provided to the Customer before the Order. The fact that one of the Parties, at a given time and for whatever reason, does not take advantage of a breach by the other Party of any of the obligations contained herein, cannot be interpreted as a waiver of the right to use it for the future.

Article 3. PRODUCT CHARACTERISTICS

The Products governed by the General Terms and Conditions are described and presented with the greatest possible accuracy. Each product is the subject of a precise description, including photographs, price, main characteristics and sizes. However, the information, characteristics and photographs presented on the Site or in emails sent by the Company are given for information purposes only and therefore have no contractual value. In particular, the difference in perception of shapes and colors between the photographs or graphics presented and the products cannot engage the responsibility of the Company. In addition, jewelry being entirely handmade creations, there may be certain differences in finish between each product and that appearing on the Site. Likewise, the actual weight of the product may differ slightly from the weight indicated online depending on the variant of the product ordered and the size chosen. This is particularly the case for rings whose weight fluctuates depending on the size of the finger and the color of the gold alloy chosen. The Company makes every effort to guarantee the Customer as precise and correct information as possible on the products presented on its site.

The Customer can refer to the presentation of the Product on the Site, which is the subject of a summary on their Order page and in the confirmation email. The Customer is expressly informed that any Product offer is subject to change. Only the Product described during the Order is due to the Customer.

The products are essentially made to order. A Product indicated as “delivery time” 6 to 8 weeks is not in stock and must be manufactured before it can be delivered. The information is indicated on the Product page and at the basket level.

Without prejudice to the provisions of the Consumer Code relating to updates, the Product purchased by the Customer is provided in its up-to-date version on the date of purchase.

Article 4. ORDER

  1. Order on the Site . After selecting the Product he wishes to purchase on the Site, the User is directed to an Order page on which he provides his personal details (surname, first name, email address, postal address, telephone number) and, where applicable where applicable, all necessary and accurate information and contact details to enable delivery of the Product and invoicing of the Order. The User selects the payment methods according to the possibilities offered by the Company.
  2. Verification of information . The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Customer cannot hold the Company responsible for any failure resulting from the inaccuracy or falsity of the information provided at the time of the Order, which will be used to deliver the Product. The Customer must ensure that he can actually receive his Order at the address provided, depending on the delivery times indicated when placing the Order.
  3. Payment obligation . Any Order received by the Company is deemed firm and final, entails full and complete adherence and acceptance of these General Terms and Conditions under the conditions provided, and obligation to pay for any Product ordered.
  4. Electronic signature . The online provision of the Customer's bank details and the final validation of the Order will constitute proof of the Customer's agreement and (i) payment of the sums due under the Order (ii) Signature and express acceptance of all operations carried out.
  5. Confirmation of the order . After reading and accepting the General Terms and Conditions by checking the box provided for this purpose, the Customer is directed to a summary page of his Order, on which he provides his bank details before validating his payment. It is up to the Customer to check the summary information of his Order and to correct it if necessary, before validating payment for the Order. This second click definitively confirms the Customer's Order.
  6. Order confirmation . The Customer receives a confirmation email and summary of his Order as soon as the payment is actually validated by the Company or its payment service provider. The Customer must have a functional sending and receiving electronic mailbox. Otherwise, he will not be able to receive written confirmation of his Order at the email address provided, nor receive the email summary of his Order.
  7. Proof of transaction . Computerized records, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 5. PRICING CONDITIONS

  1. Applicable rates . The Product ordered is sold at the prices in effect appearing on the Site when the Customer's Order is registered by the Company.
    For sales within the European Union, prices are indicated in euros and take into account the VAT applicable on the day of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products. Unless otherwise stated, the prices indicated on the Site are provided inclusive of all taxes.
    In the event of an international sale from countries outside the European Union, as indicated during the sale, all customs duties and various taxes payable are the responsibility of the Customer and are their sole responsibility. It is up to the Professional Client to carry out any useful verification and to comply with their tax obligations. The Company cannot assume any responsibility in this regard and the Customer is solely responsible.
  2. Payability of sums . Validation of the Order makes all sums due under it payable. By validating his Order, the Customer authorizes the Company (or its Partners, payment service providers) to send instructions to his bank to debit the bank account whose details have been provided by the Customer, according to the possible deadlines indicated in the Order Summary.
  3. Payment methods . To pay for his Order, the Customer has, at his choice, all the payment methods made available to him by the Company and listed on the Site (in particular Stripe, or bank transfer).
    The Customer chooses the bank direct debit method with the payment systems and services offered which are secure services provided by third parties to the Company subject to specific contractual conditions over which the Company exercises no control – in particular for information purposes for Stripe ( https://stripe.com/payment-terms/legal ). The Company reserves the right to use the payment service providers of its choice and to change them at any time.
  4. Debit authorization . By providing their banking information when placing the Order, the Customer authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Product.
  5. Special offers and discount vouchers . The Company reserves the right to offer introductory offers limited in time, promotional offers or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided for by law. The applicable prices are those in force at the time of the Customer's Order, who cannot take advantage of other prices, prior to or subsequent to his Order. Discount vouchers may be subject to special conditions and are in any case strictly personal to their beneficiary and can be used only once.
  6. Payment incident - Fraud . The Company reserves the right to suspend any processing of the Order and any delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The Company reserves the right in particular to refuse to honor an Order from a Customer who has not fully or partially paid a previous Order or with whom a payment dispute is in progress.
    The Company may contact the Customer to request additional documents to execute payment for the Order. The Company may rely on the information provided by the Order analysis system. The provision of the requested documents is necessary for the Company to confirm the Order. In order to combat credit card fraud, a visual verification of payment methods may be carried out by the Company before delivering the Product. In the event of fraudulent use of his bank card, the Customer is invited, as soon as this use is noted, to contact the Company, without prejudice to the steps to be taken by the Customer with his bank.
  7. Default or late payment . The interest and penalties provided for by law apply in the event of default or late payment by the consumer or professional Customer.

Article 6. DELIVERY

  1. Stock availability . The products sold by Manoyas are made to order, delivery of the products will therefore be made within a maximum of 8 weeks after the Customer's order (once payment has been validated). The Customer will be informed by email that their order has been taken into account, its progress, and its dispatch.
  2. Carrier . Deliveries are carried out by an independent carrier, to the address mentioned by the Customer when placing the Order and to which the carrier can easily access. Unless otherwise stated on the Site at the time of the Order, this carrier will be DHL Express or Fedex or Colissimo or a courier, which applies its own general conditions of transport. For sales requiring it, the carrier is authorized to represent you for the collection and payment of VAT and customs duties. The Customer remains solely responsible for the payment of any customs duties which may be claimed in respect of the sale and importation of the products to the place of delivery, and must ensure that local regulations do not oppose the importing the ordered product
  3. Reservation of title and transfer of risks . The Company remains the owner of the Products sold until full payment of the price and the Customer undertakes, as long as ownership is not transferred to it, to take all necessary precautions for the proper conservation of the Products. Except in the case where full payment of the price has not been collected at the time of the Order, ownership of the Product is transferred to the Customer upon delivery. Any risk of loss or damage to a Product is transferred to the Customer at the time when the latter or a third party designated by him (for example, a collection point, a concierge, etc.) and other than the carrier offered by the Company, takes physical possession of it. In any case, when the Customer entrusts delivery of the goods to a carrier other than that offered by the Company, the risk of loss or damage to the Product is transferred to the Customer when it is handed over to the carrier.
  4. Delivery time . The products sold by Manoyas are made to order, delivery of the products will therefore be made within a maximum of 8 weeks after the Customer's order (once payment has been validated). The Company undertakes to make every effort to deliver the products ordered within the deadlines indicated. In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, code of access, names and/or intercom numbers, etc.). However, it is specified that these deadlines are indicated for information purposes only and may vary depending on supply, logistics and other factors not attributable to the Company.
    In the event of force majeure defined in article 12 hereof, delivery will be postponed to a later date after the force majeure event has ceased, without the Customer being able to claim any compensation for any damage whatsoever.
  5. Late delivery . When the Product ordered is not delivered on the date or at the end of the period mentioned on the Order form or provided for in the General Terms and Conditions, the Customer may, after having unsuccessfully requested the Company to fulfill its delivery obligation within a reasonable additional time, resolve the contract by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract is considered terminated upon receipt by the Company of the letter or writing informing it of this resolution, unless the Company has complied in the meantime. When the contract is terminated under these conditions, the Company reimburses the Customer for all sums paid, at the latest within fourteen days following the date on which the contract was terminated. Unless the law provides otherwise, and unless otherwise provided herein, delivery time overruns cannot give rise to damages or compensation of any nature whatsoever. The Company reserves the right to transmit the Customer's dispute to the carrier responsible for delivery, who may, if necessary, request further information from the Customer concerning the reported delay.
  6. Place of delivery . The Products are delivered to the delivery address provided by the Customer during the Order, which cannot be modified once the Order is finalized. Delivery can only be made by direct hand delivery to the delivery address.
  7. Product Condition . When the Product is delivered to the address indicated by the Customer during the Order by a carrier, it is up to the Customer to check in the presence of the delivery person the condition of the Product delivered and, in the event of damage or incomplete delivery, to express reservations on the delivery note or on the transport receipt, and possibly refuse delivery of the Product to the delivery person directly. If the carrier cannot justify having given the Customer the opportunity to check the good condition of the Products ordered, the Customer will have a period of 10 (ten) days to notify his motivated protest by extrajudicial act or by registered letter to the carrier , without prejudice to the recourse the Client has against the Company.

Article 7. RIGHT OF WITHDRAWAL

  1. Deadline . The Customer has the right to withdraw without giving any reason within fourteen days, for all or part of the Products ordered. This period is counted in calendar days and runs from the day after receipt of the Product by the Customer or any third party authorized for delivery. If the deadline expires on a Saturday, Sunday or public holiday, it is extended until the end of the last hour of the first following working day.
  2. Mode of exercise . To exercise the right of withdrawal, the Customer notifies his decision to withdraw from the contract by means of an unambiguous declaration by email to the address yasmine@manoyas.com The Customer can use the model withdrawal form reproduced below in a box but it is not obligatory. The burden of proof of exercising the right of withdrawal rests with the Customer.
  3. Return of the Product . The Customer must return or return the Product for which he has withdrawn, to the Company no later than fourteen days after sending his decision to withdraw. This deadline is deemed to be respected if the goods are returned before the expiry of the fourteen-day period under the stipulated return conditions. The costs of returning products are the responsibility of the Customer. The terms and conditions for returning Products are specified in the article “PRODUCT RETURN TERMS” to which the Customer refers.
  4. Refund . In the event of withdrawal by the Customer, the Company reimburses the price of the Product no later than fourteen days, starting from the day following the day of receipt of the Customer's decision to withdraw. The Company makes the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless he expressly accepts a different means; in any event, this reimbursement will not incur any costs for the Customer. The Company may defer reimbursement until the Product is received, or until the Customer has provided proof of shipment of the Product, the date chosen being that of the first of these events.

WITHDRAWAL FORM MODEL

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of Manoyas Paris, 101 rue de Sèvres 75 272 Paris cedex 06, yasmine@manoyas.fr :

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the product (*) below:

Ordered on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete what is unnecessary.

 

PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN THE CASE OF:

  • When the Client is a professional,
  • When the contract was concluded for a current or future professional purpose
  • Supply of goods made according to the Customer's specifications or clearly personalized;

Article 8. RETURN CONDITIONS

  1. Address . The products must be returned to the following address: Manoyas Paris, 101 rue de Sèvres 75 272 Paris Cedex 06. The Customer will be asked to attach in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid at the time of the Order, as well as the withdrawal form or any other unambiguous declaration as to the exercise of the right of withdrawal or a legal guarantee, justifying the return of the product.
  2. State . The Customer must return the product in its original packaging or in any other packaging to ensure the return of the Product in its new condition. Any Product returned damaged, incomplete or showing any signs of wear cannot be subject to any return, exchange or refund, including on the basis of the right of withdrawal.
  3. Return costs . Return costs are the responsibility of the Customer, including in the event of exercising the right of withdrawal.
  4. Refund . After receipt of the Product, the Company will reimburse the full price of the returned Product, excluding delivery costs (unless otherwise stated in the General Terms and Conditions or when the law provides for this reimbursement). In the event of a return not complying with the conditions provided for, no refund will be payable and the Customer will remain the owner of the returned product, which he can collect directly from the Company, or which will be returned to him at his expense within a period of one month maximum, following notification of refusal of reimbursement by the Company.

Article 9. ACCESS TO THE SITE

  1. Access to the Site . The Site is accessible free of charge to anyone with Internet access. All costs relating to access to the Site, whether hardware, software or Internet access costs, are exclusively the responsibility of the User. The Company cannot be held responsible for material damage linked to the use of the Site. In addition, the User undertakes to access the Site using recent equipment, not containing viruses and with an updated latest generation browser. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
  2. Maintenance . The Site may be subject to maintenance operations. To this end, the Company reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure its maintenance (in particular through updates) or to any other reason, without the interruption giving rise to any obligation or compensation.
  3. Contractual liability . The Company implements all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to achieve this. In particular, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which prevents access to the Site.

Article 10. PROTECTION OF PERSONAL DATA

The Company respects the privacy of its Users and Customers. It undertakes to ensure that the collection and automated processing of your data for the purpose of providing and improving the Site, commercial prospecting, management of Orders, contracts and delivery of Products, carried out from the Site complies with the general data protection regulations (GDPR) and the Data Protection Act in its latest version.

The information requested in the forms available on the Site marked with an asterisk is mandatory and necessary for the management of requests, and failure to respond in a mandatory field will make it impossible for the Company to process User requests.

The personal data of natural persons will not be kept beyond the period strictly necessary for the pursuit of the purposes indicated. Certain data enabling proof of a right or contract to be established may be subject to an intermediate archiving policy for a period corresponding to the limitation periods and foreclosure of legal or administrative actions that may arise.

All Users are informed and accept that the Site may include technical devices that allow usage to be tracked (account of the connected user, IP address, type of application used, various logs of connection and use of the User account, etc.). ) and may be used in the fight against counterfeiting, and/or to identify and/or prevent possible illicit or non-compliant use of the Site.

In accordance with the Data Protection Act and the GDPR, any person concerned by the processing carried out by the Company has, under the conditions of applicable law, a right of access, rectification, limitation of processing, opposition to the processing, portability, erasure of their data as well as a right not to be the subject of an automated decision, including profiling. Where applicable, the data subject also has the right to withdraw consent at any time.

Any exercise request can be sent by email to yasmine@manoyas.fr . Any person affected by processing has the right to complain to the Commission Nationale Informatique et Libertés.

The Customer's telephone details may be requested by the Company as part of an Order. The Consumer Customer who does not wish to be the subject of commercial prospecting by telephone is informed that he can register free of charge on a list opposing telephone canvassing called "Bloctel" (more information on bloctel.gouv. Fr ). When the Customer is registered on this list, the Company does not carry out telephone canvassing and may contact the Customer by telephone only for requests occurring within the framework of the execution of a current Order and relating to the subject of this Order.

For more information on automated data processing and how to exercise their rights, any User can consult the confidentiality policy accessible at any time on the Site and the information notices on the cookies used by the Company.

Article 11. PARTNER SITES – HYPERTEXT LINKS

The User can access, through the hypertext links present on the Site, the sites of Partners or third parties, which are not subject to these General Terms and Conditions. The User is, therefore, invited to read the general conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these third-party sites.

The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. No control over the contents of said sites is exercised by the Company, which declines all responsibility with regard to their content and the use made by any third party of the information appearing there. This clause applies to all Partner content.

If a third-party site directs its users to the Site, the Company reserves the right to request the deletion of the hyperlink pointing to the Site if it considers that this link does not comply with its legitimate rights and interests.

Article 12. CASE OF FORCE MAJEURE OR FORTITUTE

The execution of the Company's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their execution. This suspension may concern all or part of the Order. In this case, the Company will notify the Customer of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment can give rise to restitution. If the definitive impediment is partial, only partial restitution will be granted.

Under the conditions provided for by law, Customers expressly accept that they cannot invoke a case of force majeure to postpone payment (of an invoice for example) for a Product or refuse delivery of an Order placed.

The following are considered cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.

The Company cannot be held liable under any circumstances due to difficulties encountered by the User or Customer in accessing the Site due to a technical or software failure or any other cause unrelated to it. The Customer acknowledges being informed of the technical hazards inherent to the Internet and the mobile network and the malfunctions which may result. Consequently, the Company cannot be held responsible for any unavailability, slowdowns or failures of the Internet network or any IT solutions, except in the event of proven negligence on its part.

Article 13. INTELLECTUAL PROPERTY

The Company or its Partners own all intellectual property rights relating to the Site and the Products. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.

Access to the Site and/or purchase of a Product does not confer any rights to the User or Customer over the intellectual property rights relating to the Site and the Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Site. or Products in violation of the rights of the owners of intellectual property rights thereon.

Operation not previously authorized by the Company or its Partners, for any reason whatsoever, of all or part of the Site or the Products may be subject to any appropriate action, including interruption of access to the Site. or an action for infringement.

All distinctive signs used by the Company are protected by law and any use unauthorized by the Company may give rise to prosecution.

Failure to respect the intellectual property of the Company or its Partners will be analyzed as a serious fault on the part of the User or Client, causing harm to the Company, which reserves the right, in this case, to claim any damages.

Article 14. CUSTOMER REFERENCES AND COMMUNICATION

  1. Client reference . The Customer may be contacted by the Company to be named as a buyer of a Product. With the Customer's agreement, the Company may be authorized to mention the name of the Customer, the opinion he gave to the Company on the Product as well as an objective description of the nature of the Product which was sold to him in its reference lists and proposals for the attention of its prospects and customers, particularly on the Site, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal company documents. forecast management, as well as in the event of legal, regulatory or accounting provisions requiring it.
  2. Operating authorization . When the Customer sends writings, videos and/or photographs to the Company to give his opinion or testify on the Product provided by the Company, and where applicable makes comments or publications concerning the Company (for example, on its social networks ), to which his identifier and profile photo are attached, then the Customer authorizes the Company to use this content for the promotion of its commercial activities. The contents may be protected by image rights and/or copyrights, and in this case, the Client grants the Company the possibility of adapting them (in terms of form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. For example, the Company may take screenshots of publications on social networks concerning it or on the Product delivered to the Customer, and reproduce them on the Site as notices.
    The Client acknowledges being fully satisfied with his rights and will not be able to claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for the lifetime of the Customer concerned, increased by a period of 70 years, and for the entire world. The Company reserves the right to submit to the Client any other request for authorization to take photographs and transfer of rights, for all cases not provided for herein or on a one-off basis.
  3. Event . The provisions of the preceding paragraph apply in the same way to videos and photographs taken during any type of event (public, reserved for customers, etc.) organized or co-organized by the Company. The recordings may be recorded and published by the Company, including on social networks. If the Client does not wish to appear in a possible publication of the images, he/she will be pleased to place himself at the back of the room, not to participate in group photos, not to make a sign to the photographer/cameraman in whose field he could be place.

Article 15. EVOLUTION OF GENERAL CONDITIONS

The Company reserves the right to modify the terms, conditions and notices of the General Conditions of Sale at any time and without notice in order to adapt them to changes to the Site or the evolution of its offers. The applicable conditions are those accepted by the Customer and addressed to the Customer in the event of distance selling by any means of communication on a durable medium.

Modifications to the General Terms and Conditions made by the Company will not apply to Orders already placed, except for clauses linked to the technical evolution of the Site, as long as this does not result in an increase in price or alteration of quality. or characteristics to which the non-professional or consumer Customer has subordinated his commitment.

The Customer may also be asked to accept the modified T&Cs and failing that, the latest T&Cs having been accepted continue to apply until the Product is actually delivered. If it is impossible for the Company to continue execution of the Contract under the previous conditions, the Client has the option of requesting termination and reimbursement.

Article 16. RESPONSIBILITY

  1. Responsibility of Users and Customers
    The User or Customer is solely responsible for the interpretations he makes of the information provided under the content of the Products, the advice he deduces or which has been provided to him and the adaptations made for his own activities. The use of the information is done under the sole responsibility of the Client and at its own risk, which the Client expressly accepts.
  2. Limitation of liability towards professional Customers
    Regardless of the type of Product ordered by the Professional Customer, the Company's liability is expressly limited to compensation for direct damage proven by the Professional Customer. Under no circumstances can the Company be held liable for indirect damage such as loss of data, file(s), operating loss, commercial loss, loss of profit, damage to image and the reputation of the Professional Customer.

    Likewise, the Company cannot be held responsible for direct or indirect damage caused to the User's equipment when accessing the Site, and resulting either from the use of equipment that does not meet the conditions provided for. , or the appearance of a bug or an incompatibility

    IN ANY CASE, THE COMPANY'S LIABILITY IS CLIPPED TOWARDS THE PROFESSIONALS TO THE AMOUNT OF THE PRICE PAID EXCLUDING TAX BY THE CUSTOMER IN CONSIDERATION FOR THE SUPPLY OF THE PRODUCT IN WHICH CONNECTION THE DISPUTE AROSE. THIS AMOUNT IS UNDERSTANDED AS THE MAXIMUM THAT THE COMPANY COULD BE PAYABLE AS COMPENSATION (DAMAGES AND INTEREST) ​​AND PENALTIES, REGARDLESS OF THE ALLEGED AREAS OF DAMAGE AND THE LEGAL BASIS ACCEPTED UNLESS THE LAW OR THE JURISPRUDENCE DOES NOT OPPOSE IT.

Article 17. GUARANTEES

Terms . Please note that the legal guarantees of conformity and against hidden defects are provided below for the benefit of Customers who are consumers or non-professionals and assume normal use of the Products according to current practices.

The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.

If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods.

The consumer does not have the right to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.

The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code ).

The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.

Article 18. GENERAL

The General Conditions of Sale and all purchase and sale operations referred to therein are governed by French law. The General Terms and Conditions and the Site are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

In the event that a clause of the T&Cs proves to be void, inapplicable, unenforceable or of no effect, this will not result in the nullity of the T&Cs and the validity of the other provisions cannot be affected.

The Customer accepts that the Company may assign this contract to its affiliated companies or to a purchaser without its prior consent, to the extent that this assignment is not likely to result in a reduction in the rights of the Consumer Customer.

Article 19. DISPUTES

  1. Amicable resolution . In the event of a dispute, the Customer will contact the Company as a priority to try to find an amicable solution.
  2. Mediation
    In the event of difficulty in the execution of the Contract, the Consumer Customer residing in Europe has the possibility, before any legal action, to seek recourse from a consumer mediator identifiable on the site https://www.economie. gouv.fr/mediation-conso

    The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can contact the Online Dispute Resolution (ODR) Platform accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage .
  3. Dispute between professionals . IN THE EVENT OF A DISPUTE ARISING BETWEEN A PROFESSIONAL CUSTOMER AND THE COMPANY RELATING TO THE ORDER, INTERPRETATION, EXECUTION AND/OR TERMINATION OF THE CONTRACT, EXCLUSIVE JURISDICTION IS GIVEN TO THE COURTS IN THE CITY OF PARIS, NOTWITHSTANDING PLURALITY. OF DEFENDANTS OR CALL FOR GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR PRESERVATIVE PROCEDURES BY WAY OF INTERFERENCE OR REQUEST.