Terms and conditions of sale
General conditions of distance selling.
In force for all orders placed on or after 18/09/2018
LES BABIOLES, SARL with capital of 20,000 euros, registered in the PARIS Trade and Companies Register under no. 513 826 248, whose registered office is located at 53 rue Charlot - 75003 Paris, and whose trade name is "MONSIEUR" (hereinafter the "Company"), ; Telephone: 01 42 71 12 65 ; e-mail address: contact@monsieur-paris.com; VAT FR 555 13826248, publishes the e-commerce website accessible at http://www.monsieur-paris.com (hereinafter the "Site").
The Site offers for sale a collection of jewelry (rings, earrings, necklaces, etc.) manufactured by the Company, marked with a unique hallmark issued by the French authorities and specific to the Company, guaranteeing the precious nature of the metal used and its origin.
The metals used are 18-carat yellow gold (750/1000), 18-carat pink gold (750/1000), 18-carat white gold (750/1000), vermeil (silver 925/1000) coated with a 5-micron layer of fine pink or yellow gold, or solid silver (925/1000). For further information, please consult the "Materials Guide" page of the Site, which appears under each product description.
When you visit the Site, you can learn more about each product by clicking on the photograph shown, which leads to the display of a dedicated page containing a more precise photograph and a text describing the main characteristics of the product in question.
ARTICLE 1: PURPOSE
1.1 The purpose of these General Terms and Conditions of Sale, or "GTCS", is to set out the terms and conditions for the distance selling and delivery of one or more products, as described on the Site and in the preamble, and hereinafter defined by the term "Jewel(s)".
The GTC constitute a contract between the Company and the individual of full age and capacity, acting for purposes other than the needs of his professional activity, and proceeding to the payment of an order under the conditions specified below, this person being designated in the GTC by the term "you".
1.2 The GCS are the only legal document applicable to any order placed through the Site, and are subject to acceptance by you under the conditions specified below. All orders for Bijou(x) placed on the Site are subject to the GTC in force on the date of the order.
A copy of the General Terms and Conditions is sent to you once during the order process (i.e. before confirmation of the purchase), and a second time upon delivery of the order. It is your responsibility to keep a copy. The General Terms and Conditions of Sale can also be downloaded and printed at any time from https://monsieur-paris.com/fr/content/9-conditions-generales-ventes.
1.3 All information relating to the Jewelry covered by these GTS (prices, names, definitions, detailed descriptions: properties, characteristics and composition, etc.) offered for distance sale on the Site are available, in accordance with applicable legal and regulatory requirements, on the Site, in all Monsieur boutiques, or by calling 01 42 71 12 65.
Although the Company makes every effort to ensure the accuracy of the information published on the Site, in advertisements or in catalogs, it does not provide any guarantee, explicit or implicit, concerning the accuracy, reliability or completeness of such information.
The Company does not guarantee the price of a Jewel until an order confirmation is issued by our services, thus indicating the existence of a legally binding sales contract. If the correct price of a Monsieur product is higher than the price displayed on our website, then we will contact you for instructions before dispatching the order. If we do not hear from you, we will cancel the order and inform you by e-mail.
The Company also makes every effort to guarantee the reliability of the visuals, descriptions, photographs or graphic representations of the materials and stones displayed on the Site or in our catalogs, within the limits of technology and in compliance with market standards. However, we do not guarantee that these elements are error-free. Whether as a result of an inaccuracy, an omission, an obsolete item or for any other reason, the Customer has the right to notify us so that we can proceed with a return procedure, subject to informing us within 3 (three) days of receipt.
ARTICLE 2: COUNTRIES
The distance selling of Jewelry is carried out in the European Union1 under the conditions set out in the GTC, this territory being hereinafter defined as the "Delivery Zone".
For any territory outside the Delivery Zone, you are invited to contact the Company directly by e-mail: contact@monsieur-paris.com, so that it can determine whether the order you wish to place can be insured, in particular in consideration of (i) the risks associated with delivery under usual conditions, and (ii) the assessment of customs duties.
ARTICLE 3: PRICES
3.1 Price. The price due to the Company is made up of the total of the following elements:
1° the price of each item of jewelry in euros, exclusive of tax, plus the value-added tax in force on the day of the order;
2° delivery charges in euros excluding VAT and including VAT where applicable.
The prices of each Jewel as well as the applicable delivery charges are those made available to you on the Site on the day of your order, and are therefore subject to change by the Company at its convenience, as long as you have not validated your order under the conditions set out in article 4.
3.2 Payment methods available on the Site to validate your order under the conditions set out in article 4.4.
Any payment on the Site can be made :
By credit card: After confirming your order, the Site invites you to enter your credit card details in a secure area, where data is encrypted using SSL protocol and certified by a certification authority. You can also confirm payment by telephoning our customer service department with your credit card number. Your card must belong to the Groupement des Cartes Bancaires CB, or any other group mentioned on the Site. Once the required information has been completed and/or transmitted and validated by you, and once the payment request has been accepted by the bank, your account will be debited for the full price and delivery charges. Your bank details are not stored by the Company.
Paypal® service. Payment can also be made via Paypal®, a third-party payer who will be the sole holder of your bank details. To use this service, you must create an account and accept the terms and conditions proposed by Paypal®. To do so, or for further information on this service, please visit http://www.paypal.com.
By gift voucher: if you have a valid gift voucher issued by the Company for an amount equal to or less than the amount of your order, you can use it by entering the corresponding code attached to the voucher. The total amount of the order will then be reduced by the amount of the voucher, and the balance must be paid by you for the order to be valid. The use of the voucher will be effective after validation of the order and its payment, and the voucher will then no longer be usable. It is not possible to split the amount of the voucher or to carry over part of it to a subsequent order. In the event of reimbursement of the order for any reason whatsoever, the part of the order price paid by voucher will only be reimbursed by a voucher of an equivalent amount.
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums due, the order will not be recorded by the Company and/or will be cancelled.
ARTICLE 4: ORDERING
4.1. Selection. You may select one or more Jewels on the Site for purchase. The conditions of availability of each Jewel are displayed as far as possible on the Site, but will only be confirmed when the selected Jewel is added to the shopping basket, depending on actual stocks. You may also make a request for availability at any time by contacting us on 01 42 71 12 65 or by sending an email to the following address: contact@monsieur-paris.com, to which the Company will endeavour to reply as soon as possible. If the Jewel is not in stock, the Company will do its best to manufacture it within a maximum of 6 weeks from the validation of the order.
Rings are made to measure. To this end, you are invited to indicate the size of the finger that will receive each ring. It is your responsibility to check the corresponding size before ordering, as you are entirely responsible for the size declared. An information area on the Site presents different methods for determining the appropriate size, in the "TO BE COMPLETED" section.
Bracelets are adjusted to the size indicated on the Site. Once again, it is your responsibility to check the corresponding size before ordering, as you are entirely responsible for the size declared. An information area on the Site presents different methods for determining the appropriate size, in the "TO BE COMPLETED" section.
Other jewels are sold in standardized sizes.
All the Jewels you have selected during your visit to the Site appear in your "Shopping Cart", accessible by clicking on the tab at the top right of each page of the Site, which summarizes the price of each selected Jewel, the total price including VAT, and delivery charges, where applicable. You may freely modify your Shopping Cart by deleting an item initially selected and/or modifying the quantities selected and/or adding other Jewel(s).
4.2 Identification. To be able to place an order, you must be of legal age (at least 18), have your usual place of residence in the territory of the European Union, have legal capacity and place your order for non-professional purposes.
Once you have clicked on the "ORDER" button in the bottom right-hand corner of your Shopping Cart, the Site offers you (i) either to create a customer account in order to save your personal data to facilitate future orders and to be able to follow the processing of your current orders, (ii) or to connect to your customer account to finalize your order if you already have such an account by entering your e-mail address and password (iii) or to order without creating a customer account by filling in the personal data necessary for the processing of your order by the Company.
When creating a customer account and/or placing an order, the Site asks you to provide the following personal data: gender, name, e-mail address, date of birth, precise address/postal code/city, country (company address if applicable, it being remembered that you cannot purchase Products on behalf of a company), telephone number. All this information is compulsory in order to place an order on the Site.
When creating a customer account, the Site also invites you to choose a password, which will be associated with your e-mail address. This password must contain at least 12 characters and 4 different types: lower case, upper case, numbers and special characters. Your password is personal and confidential. You are solely responsible for its use, and undertake not to divulge it to any third party.
You also have the option of entering a billing address separate from the delivery address.
The information you provide to the Company is required to validate and deliver your order. You therefore undertake to fill in the information requested with the utmost care, to ensure that it is accurate and complete, and acknowledge that the Company cannot under any circumstances be held responsible for the non-performance of one or more of its obligations due to an error or omission on your part in the information you provide.
4.3 Validating your order (double click). Once you have filled in your personal details, or logged in, you are invited to click on the "CONFIRM MY ORDER" button. The Site summarizes one last time, on the same page (i) the detailed contents of your Shopping Cart, (ii) the total due, (iii) the delivery cost. You then have the option of confirming the contents of your Shopping Cart, after having read the General Terms and Conditions of Sale and acknowledging this by ticking the box stating "I acknowledge having read the General Terms and Conditions of Sale and accept the terms", then clicking on the "payment by credit card" or "payment by paypal" button. Up to this last stage, you have the option of going back and correcting any errors. If you decide not to proceed with your order, it is up to you to interrupt the procedure by returning to the home page or leaving the Site.
4.4 Payment. Once your order has been validated, as described in article 4.3 above, the Site invites you to proceed with payment of the corresponding price, calculated in accordance with the conditions set out in article 3.
Once payment has been made and validated by your bank, you and the Company are bound by the GTC.
The order can no longer be cancelled, except in the cases provided for in articles 5.2, 7.1 and 10.1. You will then receive an e-mail acknowledging receipt of your order at the address you have provided, containing a summary of the order, delivery times, the order number and a copy of the General Terms and Conditions. In accordance with the provisions of article 1126 of the French Civil Code, you formally accept the use of electronic mail for confirmation by the Company of the contents of your order.
4.5 Proof. By placing an order on the Site, you agree that the emails exchanged with the Company will be deemed authentic between the parties.
All orders placed on the Site and all related contractual elements (order form, confirmation emails, General Terms and Conditions, etc.) are archived by the Company for a period of 10 years from the delivery of the Jewellery ordered by you, for all orders involving a sum equal to or greater than 120 euros.
You are advised to keep this information, but you may also request a copy from the Company at any time during this period by sending an e-mail to the Company at contact@monsieur-paris.com or by post to MONSIEUR 53 rue Charlot - 75003 Paris.
ARTICLE 5: DELIVERY, DEADLINES AND RETURNS
5.1 The Company will deliver the Jewel(s) to the address indicated at the time of the order, via a carrier designated by the Company, within the period mentioned at the time of the order and in any event within a maximum of 30 (thirty) days for Jewel(s) mentioned as being in stock on the Site, and 6 (six) weeks for Jewel(s) not yet manufactured at the time of the order. In this respect, in the case of an order comprising several items with different delivery times, the Company waits for the availability of all items before proceeding with dispatch. You will be informed of the dispatch of your order by e-mail.
5.2 Delivery default or delay. In accordance with articles L216-2 and L216-3 of the French Consumer Code, in the event of late or non-delivery seven (7) days after the maximum delivery date indicated, which is neither attributable to an error on your part, nor to the unforeseeable and insurmountable act of a third party, nor to a case of force majeure, you may cancel your order by registered letter with acknowledgement of receipt sent to the Company during the sixty (60) days following the maximum delivery date indicated. If delivery has not taken place between the sending and receipt of this letter, the Company will reimburse you in full the price you have actually paid for each undelivered Jewel, within a maximum period of fourteen (14) days.
5.3 Receipt. As soon as you receive your order, it is your responsibility to express any reservations you may have about the condition of the packaging on the delivery note. In the event of receipt of a package whose packaging is damaged, you undertake to make regular and sufficient observations, in particular (i) by making reasoned reservations to the carrier, in writing, (ii) by keeping the disputed packaging and its contents in conditions that do not alter their condition, and (iii) by notifying the Company by e-mail, without delay, of the damage(s) thus observed, in a documented manner, as well as attaching a copy of the delivery slip including the reservations you have mentioned thereon.
5.4 Conformity. Should you find that one or more items of Jewellery do not conform to the legal guarantees set out in article 7, it is your responsibility to notify the Company, by registered letter and e-mail, in detail, of the nature of the non-conformity and/or defects affecting the item(s) concerned within three days of receipt, specifying the method of repair you wish to opt for, from among the various options set out in the aforementioned article. In the event that you opt for a full refund of the price paid for each item of non-conforming jewelry, you must send the jewelry(s) concerned to the Company, as soon as the latter has accepted this method of repair, in accordance with the provisions of articles L217-8 to L217-10 of the French Consumer Code recalled below, by post or the carrier of your choice to the following address: Atelier Monsieur 53, rue Charlot 75003 Paris. The duly completed return form must be enclosed with the shipment. In accordance with article L217-11 of the French Consumer Code, you are responsible for advancing the cost of return, which will be reimbursed by the Company at the same time as the price paid.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 For jewelry made to the consumer's specifications or clearly personalized :
In accordance with article L121-28-3° of the French Consumer Code, the right of withdrawal usually granted to consumers under distance selling contracts cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.
As each piece of jewelry is custom engraved or specifically made at your request, you expressly acknowledge and accept that you may not avail yourself of the right of retraction provided for in articles L121-18 et seq. of the French Consumer Code.
6.2 For other Jewelry that is either in stock at the time of order or made to order, according to your measurements and/or the customization options offered by the Company, in one of the materials offered by the Company:
In accordance with the provisions of articles L. 221-18 et seq. of the French Consumer Code, you have a right of withdrawal under the regulatory conditions for all Jewelry not covered by the exemption defined in article 6.1.
This right may be exercised within 14 (fourteen) days of receipt of the Jewel by you, by returning to the Company the retraction form (displayed below and downloadable here) sent in the duly completed order confirmation e-mail or any other unambiguous written statement expressing your wish to retract, by e-mail to contact@monsieur-paris.com or by post to MONSIEUR 1 rue Perrée - 75003 Paris.
It is then your responsibility to return the item concerned, at the latest, within 14 (fourteen) days of communicating your decision to withdraw, in its original packaging or in packaging providing equivalent protection, in perfect condition and accompanied by all the documents and accessories supplied, as well as the delivery note enclosed with the said item. This return is at your expense, and our company will not reimburse you for the cost of returning the item, which you expressly accept. Reimbursement of the price of the item returned (including the cost of delivery to your address) will be made by crediting your customer bank account, at the latest within fourteen (14) days of receipt by the Company of the said items. Customized, altered, damaged, worn, incomplete or soiled items cannot be reimbursed.
Click here to download the withdrawal form
ARTICLE 6 - RIGHT OF WITHDRAWAL
7.1 The Company complies with the provisions of the French Consumer Code and the French Civil Code concerning warranties. The seller is liable for any lack of conformity of the goods sold under the terms of articles L. 217-4 et seq. of the French Consumer Code, and for any hidden defects in the goods under the terms of articles 1641 et seq. of the French Civil Code. These provisions are reproduced below:
Art L217-4 and L217-5 of the French Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Art. L217-7 of the French Consumer Code:
Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For used goods, this period is six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8 of the French Consumer Code:
The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer.
Article L217-9 of the French Consumer Code:
The provisions of the present section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law. :
Article L217-10 of the French Consumer Code:
If repair and replacement are impossible, the buyer can return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to him:
1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be found without major inconvenience for the customer, given the nature of the good and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.
Article L217-11 of the French Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the buyer. These same provisions do not preclude the award of damages.
Art L217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Art 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art 1642 of the French Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Art 1643 of the French Civil Code: He is liable for hidden defects, even if he is unaware of them, unless he has stipulated that he will not be bound by any warranty.
Article 1644 of the French Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
Article 1645 of the Civil Code: If the seller was aware of the defects, he is liable to the buyer for all damages, in addition to restitution of the price he received.
Article 1646 of the French Civil Code: If the seller was unaware of the defects, he will only be obliged to refund the purchase price and reimburse the buyer for the costs incurred by the sale.
Article 1647 of the French Civil Code: If the thing which was defective has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other damages explained in the two preceding articles.
However, loss due to unforeseen circumstances will be charged to the buyer.
Art 1648 al. 1 of the French Civil Code: Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
7.2 In accordance with the foregoing provisions, it is expressly agreed that the Company does not provide any warranty with respect to hidden defects of which it has no knowledge, nor that the Jewel(s) ordered meet(s) any specific request on your part, with the exception of their size, for those Jewel(s) for which you have provided this information. Likewise, the Company cannot be held responsible for any damage or lack of conformity resulting from incorrect information provided by you.
7.3 Any Jewel which is returned damaged, worn or soiled in a manner distinct from the elements of non-conformity alleged in application of article 5.4 and observed by the Company may not give rise to any reimbursement.
7.4 Notwithstanding the foregoing, the Company shall not be liable :
- errors and/or omissions referred to in article 1.3;
- interruptions or delays due to maintenance work, technical breakdowns, force majeure, third parties or any other circumstances beyond the Company's control, of which you will be informed as soon as possible by the Company;
- temporary inability to access the Site due to circumstances beyond its control, such as computer failure, interruption of the telephone and/or Internet network, etc.
ARTICLE 8: INTELLECTUAL PROPERTY
8.1 Jewelry, the Site, the services offered, as well as all content, texts, databases, software, visual and audiovisual elements that make it up are the exclusive property of the Company, and are protected by intellectual property law. Any act of exploitation of the aforementioned elements, in particular by reproduction and/or representation, is expressly prohibited.
8.2 The trademarks "MONSIEUR" and " MONSIEUR PARIS " are registered trademarks. No license or authorization to reproduce the aforementioned trademark or any other trademark used by the Company or its co-contractors is granted.
ARTICLE 9: PERSONAL DATA
9.1 With your consent, the Company collects personal data concerning you, as referred to in article 4.2.
The Company undertakes to carry out the collection and processing of such personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation.
In accordance with these Regulations, the Company informs you:
a) the identity and contact details of the data controller :
LES BABIOLES, SARL with capital of 20,000 euros, registered in the PARIS Trade and Companies Register under no. 513 826 248, whose head office is located at 53 rue Charlot - 75003 Paris, and whose trade name is "MONSIEUR"; Telephone: 01 42 71 12 65; e-mail address: contact@monsieur-paris.com, represented by its legal representative, Mrs Nadia AZOUG, in her capacity as manager.
b) the purposes for which the personal data will be processed:
The personal data you provide is required for the execution and processing of orders you place on the Site, for your access to and use of the Site, for the management and optimization of the Site, and for the verification, identification and authentication of the data you provide.
The personal data you provide when creating a customer account also enables us to facilitate your subsequent orders and track your current orders.
It may also be collected for the purposes of sending our newsletter, when you choose to subscribe to this service when creating your account or at any time on your account.
Finally, it is collected by the Company with your express consent if you choose to click on the box dedicated to this purpose, for the purpose of distributing its commercial offers, and
c) recipients of personal data collected by the Company:
Personal data may only be shared with third-party companies in the following cases:
When you use the payment services, for the implementation of these services, the Site is in relation with third-party banking and financial companies with which it has contracts;
-When the Company uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to your data for the purposes of providing these services, and are contractually obliged to use it in accordance with applicable regulations;
-If required by law, the Company may transmit data in order to pursue claims against the Company and to comply with administrative and legal proceedings;
-If the Company is involved in a merger, acquisition, sale of assets or insolvency proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.
d) how long personal data is kept:
This information is kept within the legal limits. This period varies according to the nature and circumstances in which it was communicated to us.
You expressly declare and warrant that the Company collects and processes personal data under the conditions set out in article 4.2.
9.2 You have a right of access to your personal data, as well as a right to rectification or deletion of such data, the right to obtain a processing restriction, the right to object to the processing of such data and the right to the portability of such data.
You can exercise these rights by writing to the address: SARL LES BABIOLES, 53 Rue charlot ,75003 PARIS, France or by email to contact@monsieur-paris.com.
You may not, however, exercise your right to erasure or refusal of processing in the case of personal data transmitted for the purposes of contract performance and/or to comply with the Company's regulatory and legal obligations, particularly with regard to archiving.
9.3 For the purposes of its activities and services, and in particular to facilitate their smooth operation, the Site uses a "cookie" system. You must accept the deposit of cookies by validating the button provided for this purpose on the Site's banner specifying the purposes of the cookies used and the possibility of objecting to them. These cookies may contain data relating to your identification and your browsing on the Site. You are advised that you may block or delete these cookies.
For Mozilla Firefox :
- Select the "Tools" menu, then "Options".
- Click on the "privacy" icon
- Find the "cookie" menu and select the options you require
For Microsoft Internet Explorer :
- Select the "Tools" menu, then "Internet Options".
- Click on the "Confidentiality" tab
- Use the slider to select the desired level.
For Google Chrome :
- Click on the "wrench" icon in the browser toolbar
- Select the "Options" menu, then click on "Advanced options".
- Click on "Content settings" in the "Privacy" section
- Click on the "Cookies" tab and select the options you require
ARTICLE 10: COMMON PROVISIONS
10.1 Consumer status. By accepting the GCS, you declare that you are acquiring the Jewelry for strictly personal purposes and in any case without any direct or indirect relation to your professional activity (i.e. for purposes other than commercial, industrial, artisanal or liberal), this declaration being an essential and determining condition of the Company's consent to your use of the Site as well as to the sale permitted by the latter. Consequently, should this declaration prove to be erroneous or misleading, the Company reserves the right to cancel your order and retain the price paid as a provisional penalty, without prejudice to any additional compensation to which the Company may be entitled.
10.2 Access to the Site. You are responsible for all costs associated with the use of the Internet in connection with your use of the Site, at the rates and under the conditions set forth by your Internet service provider, and you remain solely responsible for any equipment and its use that enables you to access the Site.
10.3 Partial invalidity. If one or more stipulations of the GCS are held to be invalid or declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope, unless the invalid stipulation(s) was (were) of a substantial nature and its (their) disappearance calls into question the contractual balance. In such a case, the parties agree to replace the clause declared null and void by a clause whose content is as close as possible to that of the clause initially agreed.
10.4 Non-waiver. It is understood that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in the GTCS, whatever the frequency and duration thereof, shall not constitute a modification of the GTCS, nor generate any right whatsoever.
10.5 Applicable law and jurisdiction. The law applicable to the GCS is French law. In the event of any difficulty arising in connection with the interpretation or execution of these GTC, and the order or delivery of the Jewelry sold on the Site, we invite you to send us any request for an amicable resolution, by registered letter with acknowledgment of receipt to the following address: SARL LES BABIOLES, 53 Rue Charlot ,75003 PARIS, France. We undertake to reply within 15 (fifteen) days. Should you fail to reach a satisfactory agreement, you have the right to refer the matter to a consumer mediator free of charge, with a view to amicably resolving any dispute you may have with the Company.
In the event of a dispute arising from the formation, performance and/or interpretation of the GCS, the French courts shall have exclusive jurisdiction.
10.6 Modifications. As from their entry into force, the GCS may only be modified by a written document signed by both parties. They represent the entire agreement between the parties. They replace and cancel any previous oral or written undertaking relating to the subject matter hereof.
10.7 Retention of GCS. For a period of ten years from the confirmation of your order, and as soon as its price is greater than one hundred and twenty (120) euros, the Company ensures the conservation of the GCS, and of all commercial information having been communicated to you before as after your order. You can obtain a copy of this document by sending your request to SARL LES BABIOLES, 53 Rue Charlot, 75003 PARIS, France. The dispatch of this information will be invoiced on a one-off basis, at the unit price of ten percent (10%) of the order price.