Gaya

GENERAL CONDITIONS OF SALE GAYA

GENERAL CONDITIONS OF SALE GAYA

APPLICABLE FROM JULY 16, 2018

 

ARTICLE 1: OBJECT

These general conditions of sale specify the rights and obligations of the user (hereinafter referred to as the "Customer") in respect of the products sold in the electronic catalogue of the website www.Gaya-Joaillerie.com (hereinafter the "Site") as part of a distance selling system.

The contract falls under the regulation of distance selling, in particular the Consumer Code as well as specific provisions referred to below.

The Customer order implies irrevocable adhesion to the general conditions of sale. The Customer declares to have the authority to conclude the contract, that is to say to have achieved the legal majority and not to be under tutorship or curatorship.

The unconditional acceptance, by the Customer, of these general conditions of sale will exist in fact upon the Customer having ticked the box "I have read and I accept the GTC". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.

 
ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER

The author of the offer is:

Garnazelle (hereinafter the "Company")

Registered office: 3, rue du Marché Saint-Honoré, 75001 Paris

SIRET number: 438 147 761 00029

Social Capital: EUR 788,888.00

VAT number: FR78438147761

Registration number in the Commercial Register: B438147761

Customer service:

Email: contact@gaya-joaillerie.com Tel: +33 1 40 15 10 40


ARTICLE 3: PRODUCTS

The products offered for sale are those appearing on the Site on the day of the consultation of the Site by the Customer.

The Site does not sell second-hand, defective or substandard products on the market. Some of our pieces are unique; others can be made from natural stones.

We draw the Customer’s attention to the fact that photographs illustrating our products may be slightly different from reality due to the Customer's screen settings and lighting when photographing. In addition, for craft creations, the articles may have finishing irregularities, differences in size and / or hues inherent in this type of manufacture that cannot be considered as major defects.

The responsibility of the Company cannot be questioned, the validity of the order cannot be affected. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the Company.

Customers have the opportunity to obtain additional information by contacting the Company's Customer Service Department by telephone.


ARTICLE 4: PRICE

The prices of the displayed products are indicated in euros, all taxes included and excluding delivery costs.


ARTICLE 5: ORDERS

5.1 Orders by internet

After adding articles to the basket and validating them, Customers will be redirected to a login area where they will have to identify themselves by entering their email address and password, in order to access their account. In the event the Customer does not have an account, a form located to the right of the login area will allow the Customer to create an account. For the creation of the account, the Customer must provide the company with their first name and surname, and their email address and create a password that will be their own.

After checking the contents of the order, as well as the total cost thereof, corrected any errors, and filled in the delivery address and the billing address in the space provided for this purpose, the Customer will confirm at the payment stage. This confirmation will represent the conclusion of the contract.

Once the contract has been concluded, the Company will send the Customer, by e-mail, a receipt for the order containing a summary of the information entered on the order form.

A purchase invoice will be sent to the Customer in the package containing the purchased products.


5.2 Refusal of orders

In accordance with the provisions of Article L.122 1 of the Consumer Code, the Company will be entitled to refuse any abnormal order or order placed in bad faith.

In addition, the Company will be entitled to refuse any order from a customer with whom there is a dispute over the payment of a previous order.



ARTICLE 6: MEANS OF PAYMENT

For the payment of the price of the products, the Customer will follow the procedure indicated in the order form. The Customer has the option to pay by credit card. Accepted credit cards are: CB, MasterCard®, Visa®.

Upon payment, the bank will request personal information from the user to verify the identity of the cardholder and validate the transaction. The Customer must give their credit card number, the type of credit card, the date of expiry thereof and the cryptogram number (3-digit number on the back of the credit card).

The Customer warrants to the Company, during the validation of its purchase order, that it is in a legal situation with regard to the issuer of the payment card.

The financial information will be transferred by means of a cryptographic protocol to the banks providing the services related to the remote electronic payment, without third parties having any access to it.


ARTICLE 7: DELIVERY AND SHIPPING

7.1 Shipping time

Availability and shipping time: Any order placed on the Site will usually be processed and shipped within 48 hours of receipt of payment (excluding weekends and holidays) unless otherwise specified by us. An e-mail will be sent to confirm the processing of the order as well as the shipping.

The jewels offered for sale on the Site are produced only in very limited quantities by our workshops. Thus, it is possible the piece the Customer wishes to acquire is not in stock although the reference "Add to Cart" is posted on the Site. If necessary, the Customer will be notified and the piece will be made on special request by our workshops.

The Customer's attention is drawn to the fact that shipping times may vary from a few days (if the product is in stock) to 8 weeks depending on the extent and complexity of the requested parts. We strive to reduce this time to the minimum and invite the Customer to contact our customer service department to establish the waiting time for the products they wish to order.


7.2 Delivery times

The Site delivers throughout the European Union as well as in the rest of the world (please see the list in Appendix 1 of the countries where we deliver our products). The ordered product is delivered to the address appearing on the Customer's order form, with the exception of the option "Collection from shop" (order delivered to the Garnazelle shop, located at 3, rue du Marché Saint-Honoré 75001 Paris). The delivery address may differ from the billing address. The delivery time depends on the delivery address and the means of delivery selected by the Customer. Any delay related to the customs clearance of the exported goods is not the responsibility of the Company.

The delivery times specified below are only effective from the date of shipment of the order. The delivery in France is made, at the initiative of the Customer, by one of the following transport options: - Chronopost (with delivery against signature): Delivery within 1 to 3 working days - UPS: Delivery within 1 to 3 business days - TNT: Delivery within 1 to 3 working days – Collection from shop (only at the Garnazelle shop 3, rue du Marché Saint-Honore 75001 Paris): delivery in store made the latest the next day for all orders placed before 17h (French time), business day International delivery (excluding metropolitan France, Monaco and Andorra) is carried out by DHL, TNT or Chronopost carriers. Delivery charges are offered from an amount equal to or greater than 500 € for France (standard delivery) and 1000 € for international.

In the event of damage, the Customer must state their reservations with precision and clarity on the delivery note, a duplicate of which is sent by La Poste or by the carrier to the Company. In this respect, it is the Customer's responsibility to check the contents, conformity and condition of the product upon delivery. This verification is deemed to have been made once the Customer, or a person duly authorised by them, has signed the delivery note presented by the receiver of La Poste or by the carrier.

Despite the care taken in the preparation of orders, it is possible that a product is missing from it, or that an error occurred during the preparation. If you notice such an error, please notify us by email to the address contact@gaya.com within a maximum of 48 hours after receipt of the order.

The so-called "special" orders include the customisation of a jewel and the realisation of a jewel. Any buyer wishing to make a special order is invited to contact our customer service department to establish the feasibility of their request, to receive a quote and to be informed of shipping times. In accordance with the provisions of Article L221-28 of the Consumer Code, products corresponding to these special orders cannot be exchanged or refunded.


ARTICLE 8: RIGHT OF RETRACTION AND RETURN OF ARTICLES

In accordance with the provisions of articles L221-18 and following of the Consumer Code, the Customer has a period of fourteen (14) days to retract from the purchase, without having to justify any reason. The period of fourteen (14) days runs: - from the day on which the Customer or a third party, who is not the carrier, designated by the Customer has received the ordered item, - or, in the case of an order for several items delivered separately, from the day the Customer, or a third party who is not the carrier, designated by the Customer has received the last item. The Client must notify the Company by completing the withdrawal form (available below), either by sending an unambiguous declaration, by: - Email to contact@gaya.com; or by - Postal mail sent to Garnazelle, 3 rue du Marché St. Honore, 75001 Paris (postmark is authentic).

 

RETRACTION FORM

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

I / We [*] hereby notify you [*] of my / our [*] withdrawal from the contract for the sale of the good [*] / for the provision of service [*] below

Article ___ [reference] _____________

Ordered on [*] / received on [*]: ______________

Name of the consumer (s) ______________

Address of the consumer (s) ______________

Signature of the consumer (s) (only in case of notification of this form on paper) ______________

Date [*]______________

Delete as applicable.

The Customer must return the product within fourteen (14) days of the notification of its withdrawal to the following address, the cost of return being borne by the Customer, Garnazelle Att: E-Boutique 3, rue du marché Saint-Honoré 75001 Paris la France.

After receipt and verification of the products returned by the Customer, the Company will make a refund within fourteen (14) working days of the payments received, via a re-credit to the Customer's bank account, and in the event of a return of global order (all products ordered in one order) delivery costs.

The refunded delivery charge will be based on the standard delivery method (the most economical). If the Customer has chosen another method of delivery than the standard delivery method, the additional charges will not be reimbursed.

However, the Company will not accept the exchange and refund of the jewels unless all the following conditions are met:

1) The product must not have been worn, modified, washed or deteriorated

2) The product must be returned in its original packaging accompanied by the purchase invoice. No refund may be made to the benefit of the Customer who has not exercised their right of withdrawal under the conditions of this article.

Upon receipt of the returned product, the refund will be made according to the wishes of the buyer in the form of a credit valid for 6 months on the Site or a refund credited directly to their bank account.


ARTICLE 9: EXCHANGE

The company Garnazelle wishes to offer its customers the opportunity to exchange the items delivered under the conditions described below.

It is specified that in the context of the use of the Gift Service, the exchange option may be exercised by the recipient of the gift but only by the customer.

The customer can, at their choice, within thirty (30) days following the delivery date:

Either present yourself, at the Garnazelle shop located at 3, rue du Marché Saint-Honore, 75001 Paris, with the items delivered in their original packaging, complete (accessories, instructions ...) and accompanied by a copy of the invoice in order to proceed with the exchange.

Or, choose the remote exchange. In this case, the customer must return the items delivered in their original packaging, complete (accessories, instructions ...) and accompanied by the carefully returned return form and a copy of the invoice, to the following address: Garnazelle, E-shop service, 3, rue du Marché Saint Honore, 75001 Paris. It will be up to the customer to provide proof of this return, which assumes that the items must be returned by registered mail, or by any other means giving a certain date, the cost of return remaining the responsibility of the customer. Any new delivery will be made only after the reception by the Company of the returned articles by the customer.

Whatever the option chosen, items returned incomplete, damaged, damaged or soiled by the customer will not be exchangeable or refundable.

In the case of exchange of articles, the initial sale will be invalidated. The payment of the new sale will be made by compensation with the amount of the previous sale, on the understanding that any overpayment will be the subject of a credit in favour of the Customer, or a re-credit to the Customer’s bank account provided that the Customer contacts Customer Services. In the event of an article exchange via customer service, the new sale will be subject to the general conditions of sale.

 

ARTICLE 10: COMPLIANCE – GUARANTEE

The Customer must ensure the items delivered to them correspond to their order. In the event the delivered items are not consistent with the order, the customer must inform by telephone or email, the Customer Service department of the Company and return the items in question under the conditions set out in Article 8, the general conditions of sale.

Notwithstanding the specific warranty conditions given to the customer with the item delivered, the items are subject to the warranty conditions provided by law. Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:

Article L.211-4 of the Consumer Code: the seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when charged to it by the contract or carried out under its responsibility.

Article L.211-5 of the Consumer Code:

To comply with the contract, the property must:

1 Be fit for the usually expected use of a similar good and, where appropriate:

- correspond to the description given by the seller and possess the qualities that they have presented to the buyer in the form of a sample or a model;

- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or labelling;

2 Or, have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.

Article L.211-12: The action resulting from the lack of conformity is stipulated within two years from the date of delivery of the good.

Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much, that the buyer would not have bought it, or would have given a lower price, if they had known them.

Article 1648 of the Civil Code, first paragraph: The action resulting from lack of conformity is stipulated within two years from the date of delivery of the property".

The repair of the consequences of the hidden defect, when it has been proved, according to case law:

- Either the totally free repair of the item, including labour costs,

- Or, its replacement or the total or partial refund of its price if the article is totally unusable and compensation for the damage possibly caused to people and property by the defect of the article.


ARTICLE 11: CUSTOMER SERVICE

For any request for information or for any complaint, the Customer will contact the Customer Service department at the following address: contact@gaya.com. The customer service is also reachable by phone from Tuesday to Saturday from 12:30pm to 7:30pm, phone +33 1 40 15 10 40. In the event of a complaint, the Customer may first contact Customer Service. As a second resort, the Customer may also decide to access the alternative dispute resolution system provided by the European Commission, available on the website: http://ec.europa.eu/odr

 

ARTICLE 12: INTELLECTUAL PROPERTY

The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as other international intellectual property laws and treaties. All rights relating to the Site and the overall concept of the Company's activity, to their original and innovative character, in particular intellectual property rights over texts, literary creations, and artistic, graphic (including photographs ) and audio-visual, computer developments, HTML developments and other works of the mind and, more generally, any creations likely to be protected by intellectual property law such as images, logos, formatting, graphic design, structure, ergonomics, colour codes, typography, fonts, basic graphic elements, graphic organisation of screens, layout, backgrounds, visual identity of Site, belong to the Company or are regularly exploited by the latter, without any limitation. The Customer undertakes not to infringe directly or indirectly the Company, the Site, or the rights of the Company.


ARTICLE 13: PROTECTION OF PRIVACY AND COOKIE

The delivery of the order requires the provision of a certain amount of personal information concerning the Customer, namely in particular their last name, first name, postal address, telephone number and email address. The data collected is necessary for the fulfilment of its obligations by the Company, in particular for the validation of the order, as well as for the execution of the delivery. Customers not wishing to provide this information will not be able to order on the Site.

This data is kept for this sole purpose and the Company undertakes not to use it in another context, nor to transmit it to third parties, without the express consent of the Customer or outside the cases provided for by law. The data controller, except for the data relating to the payment, is the Company, the details of which are indicated in Article 2.

Customer details are kept for a period of 3 years from the end of the payment. The data is kept under secure conditions, according to current techniques, in accordance with the provisions of Law n78-17 of January 6, 1978.

The transmission of information on the Site takes place in a secure context using the protocols in force on the Internet. Payment card numbers are not stored on the Site but on the secure site of our bank. In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose personal data concerning you. For that, it is enough for us to make the request on line or by mail by indicating your last names, first name, address and, if possible, your customer reference to the following address: contact@gaya.com

Use of cookies: Under its own responsibility or that of a third party engaged for the provision of tracking services, the Site may use cookies when a user browses the Site. Cookies are files sent to the browser via a web server in order to record the activities of the user during all the time they browse. The use of cookies enables the server where the Site is located to recognize the web browser used by the user in order to facilitate navigation as much as possible, allowing, for example, access to users who are already registered to access the zones, services, promotions or contests reserved exclusively for them without having to register for each visit. Cookies are also used to measure the audience and traffic parameters as well as to control the progress and the number of entries.

Guarantees on the use of cookies: The cookies used by the Site are associated only with anonymous users and their computers and do not provide references to deduce personal data from users. Some cookies are used by third parties (eg Google) to provide the Company with data on the effectiveness of its promotions. Cookies do not obtain any personal information to identify a particular user. The cookies used on the Site are, in any case, temporary, with the sole purpose of making the subsequent transmission more efficient. No cookie used on the Site will be valid for more than two years. The Customer has the option to configure their browser to be warned of the reception of cookies and to refuse the installation in their device. By removing cookies from the Site or by disabling them, the user runs the risk of not being able to access certain features of the Site. To use the Site, it is not necessary that users allow the installation of cookies, but they will have to restart the session as such in each of the services whose service requires prior registration or start of session.

What types of cookies does the Site use? The Site uses four types of cookies:

- Technical cookies: They allow the user to browse the Site and use features such as the shopping cart.

- Analytics Cookies: The Site uses Google Analytics cookies to quantify the number of users who visit the Site. These cookies measure and analyse how users browse the Site. This information enables the Company to continually improve its services and facilitate the process of purchasing by users of the Site. To learn more about this, you can visit the Google Analytics privacy page:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

- Personalisation cookies: When the user browses or buys on the Site, the Site will remember their preferences (for example, their tastes or preferred language). Thanks to these cookies, it is possible to offer a simpler, faster and more personalised browsing experience for users.

- Advertising cookies: These cookies are used to display important ads for users. In addition, they limit the number of times each user views an ad and help the Company measure the effectiveness of its advertising campaigns. By browsing the Site, the user agrees that the Company downloads this type of cookies in its device and makes consultations when the user visits the Site in the future.

The Site may contain links to other websites with different privacy policies than the Company. In this sense, the Company assumes no responsibility for the content or practices of linked sites. The Company recommends that users of the Site revise the privacy policy of all websites to which they may access through the Site.

Site servers will automatically detect the IP address and domain name used by users.

An IP address is a number assigned automatically to a computer when it connects to the Internet. This information allows the further processing of data to obtain only statistical measures to know the number of visits to the Site, the order of visits, the access point, etc ...


ARTICLE 14: APPLICABLE LAW

These general conditions of sale are governed by French law, with the exception of any other applicable international convention including the Vienna Convention on the International Sale of Goods of April 11, 1980.


ARTICLE 15: AMENDMENTS AND UPDATES

The general conditions of sale are modified regularly in particular in consideration of possible normative changes. The new general conditions of sale will apply on the date of their publication on the Site.

 

ARTICLE 16: MISCELLANEOUS

If any of the terms hereof are found to be void or unenforceable by any law or regulation or as a result of an enforceable decision of a court of competent jurisdiction, the parties expressly agree that this agreement will not be affected by the nullity of the clause in question.

Failure by either party to require at any time the strict performance by the other party of any provision or condition of these Terms and Conditions shall not be deemed to constitute a permanent waiver of such provision or condition.

Annex 1: DETAIL AREA OF DELIVERY:

International:

Zone 1: DOM TOM, Morocco, Ivory Coast

Zone 2: Croatia, Iceland, Serbia

Zone 3: Canada, USA, Mexico

Zone 4: Hong Kong, Taiwan, Thailand

Zone 5: China, India, Turkey, South Korea, South Africa, Japan, Singapore, Dem. Dominican

Zone 6: Australia, Argentina, Bahrain, Brazil, Cameroon, Egypt, Lebanon, Russia, Senegal, Vietnam

Zone 7: Rest of the world

Europe:

Zone 1: Germany, Benelux

Zone 2: Spain, Italy, United Kingdom

Zone 3: Austria, Denmark, Finland, Greece, Ireland, Portugal, Sweden

Zone 4: Rest of the EU