TERMS AND CONDITIONS OF SALE
Last update date: November 23, 2021
Art Deco Ring is a micro-enterprise under French law, registered with the Antibes Register of Commerce and Companies under the number 892 839 986, with its registered office at 116 Boulevard Wilson, 06160 Juan-les-Pins, represented by Laura Boccara.
The Provider’s intra-community VAT number is FR91892839986.
The Provider can be reached at the following contact details:
- Laura Boccara – Art Deco Ring Boulevard du Val Claret 06600 Antibes, France
- +33 7 62 94 27 92
- laura@art-deco-rings.com
Article 1 – APPLICATION AREA
These general terms and conditions of sale (the “General Conditions”) apply to the sale of products marketed by Art Deco Ring (the “Products”) to any individual or legal entity wishing to benefit from them (the “Customer”). The Products are offered on the website www.art-deco-rings.com operated and published by Art Deco Ring.
The General Conditions include provisions regarding the conditions of purchase, payment, and delivery of the Products ordered by the Customer. The Customer can refer to the description of each Product in the Art Deco Ring catalog to learn about its characteristics.
Placing an order for Products implies, on the part of the Customer, the prior acceptance without restriction or reservation of the General Conditions, which the Customer declares to have read.
The General Conditions apply subject to any contrary stipulations on the order form or any specific conditions agreed upon between Art Deco Ring and the respective Customer.
The General Conditions are without prejudice to any applicable legal provisions, particularly those provided by the Consumer Code.
The Customer acknowledges having read and expressly accepted the current General Conditions of Sale on the day of the Order, prior to placing the Order on the website. Acceptance of the general terms and conditions of sale is carried out by the validation of the order by the customer. By proceeding with payment, the user indicates that they unconditionally accept these general conditions. These conditions are the only ones applicable and prevail over any other conditions.
Article 2 – PRODUCTS AND AVAILABILITY
The price and essential characteristics of each Product are described in Art Deco Rings’ catalog and are edited, as applicable, by the Seller or its suppliers. The descriptions may include indications, photographs, and graphics that are provided for illustrative purposes only and may be modified/updated by Art Deco Rings.
The Products offered comply with French legislation and current European CE standards at the time of placing the order.
The presentation of Products in Art Deco Rings’ catalog does not constitute an obligation to sell, particularly in the event of stock shortage, unavailability of Products, or impossibility to market said Products, for any reason.
In the event that one or more Product(s) become(s) unavailable following the placement of an order, Art Deco Rings will inform the Customer in writing of the waiting period for the temporarily unavailable Product. In this case:
- The Seller may, with the Customer’s agreement, offer a product of identical nature to the originally ordered one at the same price. In this case, the return costs resulting from the possible exercise of the right of withdrawal will be borne by the Seller for this product.
- The Customer has the choice to wait for the availability of the missing Product(s) in order to receive the entirety of their order in a single shipment.
- The Customer may cancel the entire order.
- The Customer may cancel the order for the unavailable Product(s) and receive the other Products listed in the order within the announced timeframe.
In the last two cases, if the Customer has already made a payment, they will be reimbursed according to equivalent modalities applicable in case of exercising the right of withdrawal.
Article 3 – ORDERS
3.1 Placing an Order
Any Customer wishing to place an order with Art Deco Rings must complete and sign an order form summarizing the essential characteristics of the ordered Product(s), the total price, payment conditions, delivery timeframe or duration, any potential delivery restrictions, a tracking number for the Customer’s order, and the procedures for exercising the right of withdrawal when applicable.
The order confirmation takes place upon Art Deco Rings signing the order form or upon Art Deco Rings sending an email confirmation of the order. The order thus becomes firm and final, subject to the potential application of the Customer’s right of withdrawal.
No order can be modified or canceled without prior written agreement between the Seller and the Customer.
3.2 Order Verification
Each Customer guarantees the sincerity and accuracy of the information provided for the purpose of their order and undertakes to notify Art Deco Rings of any potential modifications.
Art Deco Rings also reserves the right not to accept or to cancel the order of any Customer who has provided inaccurate information, who has not made the payment for the Products, who has a dispute regarding the payment of a previous order, or who presents an abnormally high level of ordering.
The customer must be attentive to the registration of their personal data and the accuracy thereof. Art Deco Rings is not responsible in the event of inability to deliver the product due to an error made by the customer in registering their personal data.
Art Deco Rings is not responsible for verifying the customer’s identity.
Article 4 – PRICING CONDITIONS
The Products are sold at Art Deco Rings’ current catalog price on the day of signing the order form, expressed in euros and inclusive of all charges (French value-added tax and other taxes applicable on the day the order is recorded).
The prices are firm and non-revisable during their validity period.
Any transportation, delivery, order processing fees (shipping, packaging, preparation of the package, optional services subscribed by the Customer), and other costs, interests, and commissions are indicated on the order form and established based on the location and mode of delivery selected by the Customer, as well as the type of Product and/or quantity of Products ordered by the Customer.
When the Products are not received by the Customer and need to be reshipped, additional handling, shipping, transportation, and delivery fees may be charged to the Customer under the same conditions specified on the order form.
Art Deco Rings reserves the right to modify its prices at any time for all Products ordered after such modification.
Any price reductions, rebates, and discounts may be applied to the Products under the conditions specified in Art deco ring’s catalog or any other document communicated to the Customer. In the case of a promotional price, Art Deco Rings undertakes to apply this price to any order placed during the promotional period.
Any price modifications resulting from an increase in value-added tax or the creation of any new tax based on the price of the Products will be immediately and automatically applied.
Article 5 – INVOICING AND PAYMENT CONDITIONS
The Products are invoiced, and the price is payable in full and immediately on the day of signing the order form.
Payment is made by credit card.
Upon payment of the agreed amount under the conditions mentioned in this article, Art Deco Rings will send the Customer an email confirmation of payment to the email address provided by the Customer.
Article 6 – PRODUCT DELIVERY
6.1 Delivery
The delivery of Products ordered by the Customer cannot take place until the Customer has made the effective payment of the amount mentioned in Article 5 above.
● Delivery Timeframes and Conditions
Upon confirmation of the order and payment by the Customer, the Products will be shipped according to the mode, address, and delivery timeframe specified in the order form, along with the corresponding invoice.
In the case of delivery outside metropolitan France, the Customer will be considered the importer of the Products and required to comply with the regulations of the delivery country. Cross-border deliveries may be subject to customs opening and inspection procedures by the authorities.
Once the order is shipped, Art Deco Rings will send the Customer an email confirming the shipment of the order, including the parcel tracking number, if applicable, to track the delivery status.
The ordered Products may be subject to one or more separate deliveries.
In accordance with the provisions of Article L 121-20-3 of the Consumer Code, Art Deco Rings products are delivered, to the extent that stocks are available, within the timeframes indicated on the website from the validation of the order.
The customer will be informed of any delivery delays known to Art Deco Rings.
Your order will be delivered to the address provided to Art Deco Rings during your purchase.
Deliveries are carried out by the Colissimo and LaPoste services for international orders and are offered to customers.
In France, the customer receives their package within 2 to 5 business days from the shipment.
The order processing time may take up to 8 days if resizing is necessary.
● Delivery to Specific Addresses
When delivery is made to a collective address, the Customer acknowledges that the order is considered delivered when it is effectively delivered to the collective address indicated in the order form.
When delivery takes place in certain hard-to-reach areas, the delivery may be made to the nearest delivery center or to the final address by a carrier independent of the one used by the Seller, with the Customer being responsible for any additional costs.
● Absence during delivery
In the case of delivery by “La Poste” services, if the Customer is absent during delivery, they have a specified period indicated on the delivery note provided by “La Poste” to pick up their package from the designated post office.
If the deadline is exceeded, the package will be returned to the Seller’s logistics department. The Seller will inform the Customer, and in the absence of a response within 7 days, the Seller will consider that the Customer has exercised their right of withdrawal.
● Delay and error in delivery
Art Deco Rings cannot be held responsible for delivery delays attributable to postal services or carriers.
However, in the event of a delay in the delivery of the Products, for any reason other than force majeure or the Customer’s actions, the Customer may cancel the order under the conditions provided for in Articles L.216-2, L.216-3, and L.241-4 of the Consumer Code, after giving the Seller a reasonable additional period of time to perform the delivery.
The amounts paid by the Customer will then be refunded.
Furthermore, the Customer agrees to inform Art Deco Rings of any non-delivery within 15 days following the receipt of the shipment confirmation email, so that the Seller can assist the Customer in appropriate actions with the carriers if necessary.
Moreover, in the event of a delivery error resulting from the Customer providing inaccurate information (delivery address, accessibility of the location, or any other issue) that requires a new delivery, the associated costs will be charged to the Customer.
6.2 Delivery conformity
Art Deco Rings will be required to take back the Products in case of delivery of damaged Products.
In this regard, the Customer is responsible for checking the condition of the package and the Products upon receipt and accurately noting any necessary reservations on the delivery receipt co-signed by the carrier in case of damage to the Products upon delivery.
The reservations must be promptly communicated to the Seller within a maximum period of 15 calendar days following the delivery date.
Art Deco Rings will validate the return request and cover the delivery costs.
The Customer must return the non-conforming Product to Art Deco Rings according to the conditions stipulated for the right of withdrawal.
Failure to comply with this procedure will result in the Customer being unable to make any claims regarding the conformity of the Product delivery.
Article 7 – RETENTION OF OWNERSHIP AND TRANSFER OF RISKS
Art Deco Rings retains full ownership of the Products until the Customer has fulfilled all obligations, particularly the full payment of the price of the Products.
The risks are transferred to the Customer from the moment the Products are first presented at the delivery address (or addresses) indicated by the Customer (including collective addresses). The delivery of the Products is considered completed from the date of the first presentation of the Products at the delivery address specified by the Customer in their order.
An exception to this rule is when the Customer chooses to use a carrier of their choice, in which case the transfer of risks occurs at the moment the Seller hands over the Products to the carrier designated by the Customer.
Article 8 – RIGHT OF WITHDRAWAL: RETURN AND REFUND
If the customer is not completely satisfied with the Art Deco Rings products, they have a right of withdrawal for 15 days from the day of receiving their order to return one or more products from the order.
If the order is not returned within the specified period, the order will be considered final, and no refund will be issued.
Sale items will not be
refunded.
The return will only be accepted if the returned product is in its original condition. No worn or damaged jewelry will be eligible for a refund.
A full refund of the order will be issued unless the customer only wishes to exchange for a different size. Return shipping costs are the responsibility of the customer.
Return procedure:
1. The customer sends an email to laura@art-deco-rings.com indicating:
– Name and surname
– Order number
– Reason for return
2. The customer sends the order in its original packaging (box and pouch) with the certificate of authenticity to the following address:
Art Deco Rings
26 Boulevard du Val Claret
06600 Antibes, France
Upon receipt of the package and verification of the condition of the jewelry, we undertake to refund the customer.
These shipments remain the sole responsibility of the customer in case of issues with postal services.
Article 9 – WARRANTIES AND LIABILITY
In accordance with Article 217-4 of the Consumer Code, Art Deco Rings shall be liable for any manufacturing defect that exists at the time of product delivery and becomes apparent within a period of 1 year from the date of delivery.
If the customer uses the products abnormally or not in accordance with their intended use, the consequences arising from such use shall be excluded from the scope of Art Deco Rings’ contractual warranties. The defect shall be deemed non-existent if, at the time of the conclusion of the contract, the customer was aware of the non-conformity or could not reasonably have been unaware of it, or if the non-conformity is attributable to the customer.
However, we emphasize that the unique nature of our products should be taken into account, and the customer is responsible for taking care of them, particularly by avoiding any contact with detergents or abrasive products (such as chlorine), for example. Furthermore, normal wear and a certain patina resulting from repeated wearing of our products shall not be considered as a non-conformity within the meaning of this provision. We invite you to read the maintenance and usage tips provided on the website.
It is agreed that the customer must notify us of any non-conformity, in writing, within a maximum period of two months from the day on which they noticed the defect. Failure to comply with this obligation shall result in the loss of the customer’s rights due to non-conformity.
Art Deco Rings only has an obligation of means when the customer uses its website for consultation or placing an order, and its liability shall not be incurred for any inconvenience or damages inherent in the use of the internet, external intrusion, or any case of force majeure beyond its control.
It is specified that in any case, these warranties will not cover:
– The abnormal or non-conforming use of the Products;
– Defects and consequences resulting from non-compliant use for which the Products are intended;
– Defects and consequences resulting from any external cause.
Article 10 – PERSONAL DATA
10.1 Nature of collected personal data
Art Deco Rings undertakes to collect only adequate, relevant, and limited personal data necessary for the purposes for which they are processed. No personal data considered “sensitive,” such as racial or ethnic origin, political, philosophical, or religious opinions, shall be requested or collected from the User.
The Customer is hereby informed that the personal data marked as mandatory on the forms and collected in the context of the sales described herein. Among the Customer’s personal data that Art Deco Rings may collect from them may include:
– Their first and last names
– Their email address
– Their postal address
– Their phone number
– Their date of birth
– Their gender
10.2 Purpose of processing personal data
Personal data may be collected and used by Art Deco Rings for the purpose of facilitating the sale, and may be transmitted to companies responsible for the management, execution, and processing of payment operations. This information and data may also be retained for security and record-keeping purposes to comply with the legal and regulatory obligations to which the Seller is subject.
The collected data may also be used in the context of managing commercial relationships to establish statistics, conduct market and behavioral studies, and enable Art Deco Rings to improve and personalize the Products.
10.3 Storage, security, and confidentiality of personal data
The collected personal data is processed and stored under conditions aiming to ensure its security and is retained for the duration strictly necessary to achieve the purposes mentioned in Article 9.2 of these General Conditions above. Beyond this period, it will be retained solely for statistical purposes and will not be exploited in any way.
This data may also be retained for security
and record-keeping purposes to comply with the legal and regulatory obligations to which Art Deco Rings is subject.
The Seller undertakes to implement technical and organizational security measures to guarantee the security, integrity, and confidentiality of all personal data, to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
However, it should be noted that no security measure is infallible, and the Seller cannot guarantee absolute security for the Customer’s personal data.
10.4 Customer’s rights regarding their personal data
In accordance with the General Data Protection Regulation (GDPR) 2016/679 of April 27, 2016, every customer has the right to access, rectify, and erase their personal data, which they can exercise directly with the service department of the Provider by contacting them at the email address laura@art-deco-rings.com or at the following postal address: 22 Boulevard du Val Claret, 06600 Antibes, France, attaching a copy of an identity document to their request.
Furthermore, within the limits set by the law, the customer also has the right to object to the processing, to limit it, to decide on the post-mortem fate of their data, to withdraw consent at any time, and to the portability of the provided personal data.
Article 11 – NOTIFICATIONS
Any required or permitted written notification or summons under the provisions herein shall be validly made if sent by hand delivery or by courier against a delivery receipt, by registered mail with acknowledgment of receipt, or by email (except in case of termination hereof), addressed to the contact details of the respective party, with each party choosing its domicile at its registered office.
Any change of contact details of a party for the purposes hereof shall be notified to the other party in accordance with the methods provided above.
Notifications delivered by hand or courier shall be deemed to have been made on the date of delivery to the recipient, as evidenced by the delivery receipt. Notifications made by registered mail with acknowledgment of receipt shall be deemed to have been made on the date of their first presentation at the recipient’s address. Notifications made by email shall be deemed to have been made on the date of sending the email.
Article 12 – AUTONOMY AND NO WAIVER
If any provision of these General Conditions is declared null or unenforceable for any reason under the application of a law, regulation, or a final court decision, it shall be deemed unwritten and the other provisions shall remain in effect.
The fact that the Seller does not temporarily or permanently invoke one or more provisions of the General Conditions shall in no way constitute a waiver.
Article 13 – MODIFICATION
Art Deco Rings reserves the right to modify the content of these General Conditions at any time for the placement of new orders for Products.
Any order following a modification to the General Conditions shall imply the acceptance by each Customer of the new version of the General Conditions that will be communicated to them.
Article 14 – DISPUTES
The Customer is informed that they are free to use a consumer mediator free of charge for the amicable resolution of a dispute between them and Art Deco Rings, in accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the Consumer Code. The mediator(s) to which the Seller is subject is/are as follows:
Laura Boccara – Art Deco Rings
26 Boulevard du Val Claret
06600 Antibes, France
laura@art-deco-rings.com
www.art-deco-rings.com
Article 15 – APPLICABLE LAW & LANGUAGE
These General Conditions and the transactions arising therefrom are governed by and subject to French law. They are written in the French language. In the event of translation into one or more foreign languages, only the French text shall prevail in case of a dispute.