Terms and Conditions.
The range and sale of products are governed by these Terms and Conditions at the brick and mortar situated at 53 rue Charlot 75003 Paris or in any other ephemeral or permanent shop operating exclusively for MONSIEUR (thereafter the “Store”) of jewelry (rings, earrings, necklaces...) (thereafter defined by the term “Jewelry”) made by the company LES BABIOLES, SARL with a share capital of 20 000 euros entered in the commercial registry of PARIS-FRANCE under the number 513 826 248 with the corporate office located at 53 rue Charlot-75003 Paris, and brand name referred to as “Monsieur” (thereafter the “Company”),; Phone: 01 42 71 12 65; email address: contact@monsieur- paris.com; TVA FR 555 13826248. These Terms and Conditions of Sale apply without restrictions or reservation to all purchases in the Store, governing your rights and obligations as Client, as an adult and fully capable natural person, acting for purposes other than the needs of your professional activity (thereafter “you” or “Client”), and the Company for all orders of Jewelry made in Store in your presence. Buying in Store implies full and unreserved acceptance of the Terms and Conditions. The Company reserves the right to modify these Terms and Conditions at any moment. The Terms and Conditions applicable to a sale are those in force at the time of placing the purchase.
PRODUCT CHARACTERISTICS AND PRICING
All information in relation to Jewelry (price, designation, definition, detailed description: characteristic properties and composition, etc.) offered for sale in Store are available in the Store on display or at any representative of the Company. The rings are made-to- measure according to the size that you have submitted, which you are accountable for. Bracelets are adjusted to the size that you have submitted, which you are accountable for. Other Jewelry is sold at standard sizes. The availability of each Jewelry will be confirmed at purchase according to inventory. The price of each Jewelry is what is displayed to you the day of purchase (excluding shipping and handling expenses if you ask for shipping, and engraving expenses with a personalized quote), and are, therefore, susceptible to modification at the Company’s discretion without notice, as long as you haven’t ordered from the Company.
Jewelry is payable during purchase and the total price is integraly due at the time of ordering in Store. All payments in Store can be made with one of the following payment options: - in cash with a maximum of 1000 euros, - by card, - by check payable to Les Babioles. All orders will only be valid once the payment is done, and the corresponding amount is received by the Company. All payments will give rise to a receipt.
Ordered jewelry are either (i) given to you during purchase, (ii) available in Store with a 6 (six) week maximum delay for Jewelry that hasn’t already been made at the time of purchase (iii) delivered in the same delay of 6 (six) weeks maximum, for Jewelry that hasn’t already been made at the time of purchase, at the delivery address that you have given. The shipping and handling are at your expense, except for orders that exceed 300 (three hundred) euros delivered in Metropolitan France. In this regard, for an order that is composed of multiple articles with different delivery deadlines, the company will wait for all pieces to be available before shipping. You will be informed when the order is sent by email or phone call. In the case of a delay or inability to deliver, seven (7) days after the indicated maximum delivery date, not due to an error on your part, nor to external unforeseeable and insurmountable cases, nor due to cases of force majeure, you can cancel your order by registered letter with receipt request addressed to the company during the sixty (60) days following the maximum delivery date indicated. If the delivery of the order has not occurred between the date of dispatch of the letter and the date of the delivery of the letter, the company will refund the entirety of the price that you will have paid for each Jewelry not delivered, within a fourteen (14) day delay. From the instant you have received your order, you must formulate in writing, immediately and precisely, on the delivery receipt, all reservations about the state of the packaging of the parcel received. In the case of the reception of a parcel with deteriorated packaging, you agree to make regular and sufficient findings, in particular (i) by making reasoned reservations to the carrier in writing, (ii) by keeping the disputed packaging and its content in suitable conditions as to not alter their condition, and (iii) by reporting to the Company by mail, without delay, where the deteriorations were noted, documented, as well as joining a copy of the delivery form including the reservations you have mentioned. ABSENCE OF WITHDRAWAL RIGHTS Pursuant to the provisions of Articles L221-18 of the French Consumer Code, the Jewelry purchased in Store are not subject to withdrawal. All orders are definitive.
LEGAL GUARANTEE AND LIABILITIES
5.1 The Company complies with the provisions of the consumer code and civil code in matters of guarantee. The seller is liable for lack of conformity of the goods sold under the conditions of Articles l. 217-4 et seq. the consumer Code and hidden defects in the goods under the conditions provided for in articles 1641 et seq. the civil Code. These provisions are reproduced below: Art L217-4 and L217-5 from the consumer code: The seller delivers a good in accordance with the contract and answers for any conformity defects existing at the time of delivery. He also answers for conformity defects resulting from the packaging, from assembly instructions or from installation when it has been charged to it by the contract or has been carried out under its responsibility. The good complies with the contract: 1° If it is fit for the use normally expected of a similar good and if applicable: -if it corresponds to the description given by the seller and possesses the qualities that he has presented to the Client in the form of a sample or example model; -if it presents qualities that the Client can legitimately expect with regard to the public declarations made by the seller, the manufacturer or a representative, notably in publicity or labeling; 2° Or if it presents characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought after by the Client, brought to the attention of the seller who is in agreement. Art L217-7 from the consumer code: Conformity defects that appear within twenty-four months from the moment of delivery of the good are presumed to have existed since the moment of delivery, unless proven otherwise. For second-hand goods, the delay is fixed at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. Article L217-8 from the consumer code: The Client has the right to require the goods to conform to the contract. He cannot, however, challenge the conformity by invoking defects that he knew or could not ignore when he acquired it. The same is applied for when the defect originates from any material that the Client has supplied. Article L217-9 from the consumer code: The provisions of this section do not deprive the Client of the right to exercise the action resulting from unacceptable defects as its results from the articles 1641 to 1649 of the civil code or any action of a contractual or extra-contractual nature which is recognized by law.: Article L217-10 from the consumer code: If the repairs or replacement of the good is impossible, the Client can keep the good and be reimbursed the full price or keep the good and be partially reimbursed. The same option is available to the Client: 1° If the solution asked, proposed, or agreed to, pursuant to the article L.217-9, cannot be implemented within the one month delay since the Client’s complaint. 2° Or if this solution cannot be without major inconvenience to the Client, given the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. Art L217-11 from the consumer code: The application of the provisions of the articles L.217-9 and L.217-10 from the consumer code takes place at no cost to the Client. These same provisions do not preclude the allocation of damages. Art L217-12 from the consumer code: The action resulting from the lack of conformity lapses two years after delivery of the goods. Art 1641 from the civil code: The seller is liable by the warranty for hidden defects in the object sold which make it unfit for the use for which it is intended, or that diminish it so much that the Client would not have acquired it, or would but at a lower price, had he known about them. Art 1642 from the civil code: The seller is not liable for apparent defects which the Client has convinced himself of. Art 1643 from the civil code: The seller is liable for hidden defects, even if he wasn’t aware of them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. Article 1644 from the civil code: In the case of articles 1641 and 1643, the Client has the right to return the object and to get a refund, or to keep the object and be partially refunded. Article 1645 from the civil code: If the seller knew of the defects, he is liable, besides the refund of the price, for the damages to the Client. Article 1646 from the civil code: If the seller was not aware of the defects of the object, he will only be liable for the refund and will reimburse the Client for the costs incurred by the sale. Article 1647 from the civil code: If the object that had defects perishes due to its poor quality, the loss is the seller’s, who will be liable towards the Client for the refund of the price and other compensations explained in the two previous articles. But the loss occurring by fortuitous event will be on behalf of the Client. Art 1648 al. 1 from the civil code: The action resulting in latent defects must be brought to attention by the Client within two years from the discovery of the defect. 5.2 In accordance with the foregoing provisions, it is expressly agreed that the Company does not provide any guarantee with regard to hidden defects of which it is not aware, or that the Jewelry purchased responds to a specific request from you, with the exception of their size, for those Jewelry pieces for which you have provided this information. Similarly, the Company cannot in any circumstance be held accountable for any damage or lack of conformity resulting from erroneous information that you have communicated. 5.3 All Jewelry that will be returned damaged, worn, or dirty, independent from the elements of non-compliance alleged and noted by the Company, will not give rise to any refund. 5.4 Regardless of the above, the Company cannot be held responsible for interruptions or delays due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any other circumstances beyond its control, regardless of what they are, and of which you will be informed of as soon as possible by the Company.
All intellectual property rights relating to Jewelry are the exclusive property of the Company. Any act of exploitation carried out without authorization, in particular by reproduction and/or representation, is formally prohibited, except the private use of the Jewelry by the Client, once they have been purchased. The “Monsieur” and “Monsieur Paris” brands are registered brands. No license or authorization to reproduce is granted on the aforementioned brand or on any other brand used by the Company or its counterparties.
To recover the order and/or in the event of a delivery request and/or a membership request by you to the Company’s newsletter, the Company proceeds, with your agreement, to collect all personal information concerning you: gender, name, e-mail address, birth date, address/postal code/city, country, phone number. The information you submit to the Company is necessary to proceed with the confirmation of your order and for its delivery if applicable. You agree to submit, with the greatest care, the required information so that they be exact and complete, and recognize that the Company cannot, in any case, be held responsible for the non- performance of one or multiple obligations incumbent on him which would be due to an error or omission on your part from the information your submit. The Company agrees to collect and process your personal information in accordance with the disposition of the Regulation (UE) 2016/679 of the European Parliament and the 27th of april 2016 Council relating to the protection of a natural person with regards to the processing of personal data and to the free movement of such data and in accordance with this Regulation, the Company informs you that: a. The identity and contact information of the person responsible for the processing: the company LES BABIOLES, SARL with a share capital of 20 000 euros, entered in the commercial register of PARIS under the number 513 826 248 with the corporate office located at 53 rue Charlot-75003 Paris, and brand name referred to as “MONSIEUR”; Phone: 01 42 71 12 65; email address: firstname.lastname@example.org; taken in person with her legal representative, Mme Nadia Azoug in her capacity as manager. b. Of the purposes of the processing for which the personal data is exclusively destined: the personal information submitted are, before all else, necessary for the execution of order processing that you wish to make in Store and can be used for the transmission of our newsletter, when you choose to subscribe to this service at the creation of your account. c. Recipients of personal data collected by the Company: the personal data can only be communicated to the contractual partners of the Company intervening as part of the execution of the order. d. The shelf life of your personal data: These informations are kept within the legal limit authorized. This timespan varies depending on the nature and circumstances of how these informations were communicated to us. By ordering, you accept and expressly ensure that the Company proceeds to the collection and processing of your personal information under the conditions of article 4.2. You have the right to access your personal information that is about you, as well as the right to modify or erase your personal information of this data, the right to obtain processing limitation, the right to oppose the processing of this data, as well as the right to refuse the transfer of information. You can exercise your rights by writing directly to this address: SARL LES BABIOLES, 53 Rue Charlot, 75003 PARIS, France or by email at email@example.com. You however cannot exercise your right to erase or refuse processing of the personal data submitted to execute a contract and/or to respect the obligatory and legal regulations of the Company, especially for archiving.
8.1 Consumer quality. By accepting the Terms and Conditions, you declare that you are purchasing the Jewelry for strictly personal purposes and in any event without direct or indirect relation to your professional activity (that is to say for purposes other than commercial, industrial, artisanal or liberal) 8.2 Partial Invalidity. If one or more stipulations of the Terms and Conditions are held to be invalid or declared void by application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope, unless the invalid provision(s) was of a substantial nature and its/their disappearance calls into question the contractual balance. If necessary, the parties then agree to replace the clause declared null and invalid by a clause which will come closest as regards to its content to the clause initially agreed. 8.3 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 Terms and Conditions, whatever their frequency and duration, may not constitute modification of the Terms and condition, nor generate any right. 8.4 Applicable Law and Jurisdiction. The law applicable to the Terms and Conditions is French law. In case of difficulty arising from the interpretation or execution of these Terms and Conditions, and the order or delivery of the Jewelry, 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 are committed to responding to you within 15 (fifteen) days. In the absence of a satisfactory agreement, you have the right to contact a consumer mediator free of charge with a view to the amicable resolution of the dispute between you and the Company. In the event of a dispute concerning the format, execution, and/or interpretation of the Terms and Condition, express jurisdiction is attributed to the French jurisdictions. 8.5 Modifications. As of their entry into force, the Terms and Conditions can only be modified by a written document signed by both parties. They represent the entirety of the commitments existing between the parties. They replace and cancel any previous oral or written commitment relating to the subject matter hereof. 8.6 Conservation of the Terms and Conditions. During ten years, effective from the confirmation of your order, and as soon as its price is higher than one hundred and twenty (120) euros, the Company ensures the conservation of the Terms and Conditions, and all the commercial information that has been communicated to you before or 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. Sending this information gives rise to a fee for service billing, at the unit price of ten percent (10%) of the order’s price.
GOVERNING LAW- DISPUTES/LITIGATION
This contract is subject to French law. It is written in French and English and if there is any discrepancy between the two, the French shall prevail. In the event of a legal dispute, only French courts have jurisdiction.