Terms of Sales

ARTICLE 1: PURPOSE

- These general conditions of sale specify the rights and obligations of the Internet user (hereinafter the “Customer”) with regard to the products sold in the electronic catalog of the website www.lamomebijou.paris (hereinafter the “Site”) within the framework of a distance selling system.

- The contract, established in the event of an actual order, is subject to the regulations on distance selling, as it results in particular from the Consumer Code, as well as the specific provisions referred to below.

- The order implies irrevocable acceptance of the general terms and conditions of sale. The Customer declares that he/she has the capacity to enter into this contract, i.e., that he/she is of legal age and is not under guardianship or curatorship.

- Unreserved acceptance of these general terms and conditions of sale will consist of the Customer ticking the box "I accept the general terms and conditions of sale". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER
The author of the offer is:
LA MÔME BIJOU SARL (hereinafter the “Company”)
Head office: 68 rue Lafayette, 75009 Paris
SIRET: 79029885500012 - Share Capital: 1500.00 euros
VAT: FR73 790298855

Customer service :
Email: contact@lamomebijou.paris
Tel: 01 53 34 61 33

ARTICLE 3: PRODUCTS

- The products offered for sale are those appearing on the Site on the day the Customer consults the Site.

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

- We draw the Customer's attention to the fact that the photographs illustrating our products may appear slightly different from reality due to the settings of the Customer's screen and the lighting during the shooting.

Furthermore, as these are handcrafted creations, the items may have irregularities in finish, differences in format and/or shades inherent to this type of manufacturing which cannot be considered as major defects. The Company's liability cannot be called into question, and the validity of the order cannot be affected.

- The photographs, graphics and descriptions of the products offered for sale are for informational purposes only and do not bind the Company in any way. Customers may obtain additional information by contacting the Company's Customer Service Department by telephone.

ARTICLE 4: PRICE
Prices displayed are in euros.
- In the event of delivery of products outside French territory, customs taxes and formalities are the responsibility of the recipient.

ARTICLE 5: ORDERS
- Creating a personal account is not mandatory to place an order on the Site. The Customer also has the option of ordering by filling out the "instant order" form offered by the Site and following the instructions.

- After having checked the contents of his order, as well as the total cost thereof (products ordered, shipping costs, optional extras), and corrected any errors, the Customer will definitively confirm it at the payment stage. This confirmation will constitute the conclusion of the contract.

- Once the contract is concluded, the Company will send the Customer, by email, a receipt of his order containing a summary of the information entered on the order form, as well as a link redirecting to a withdrawal form. The invoice for the order will also be provided as an attachment to the email sent to the Customer.

- The languages ​​available to conclude the contract with the site www.lamomebijou.paris are French and English.

ARTICLE 6: MEANS OF PAYMENT
- For the payment of the price of the products and shipping costs, the Customer will follow the terms indicated in the order form.

- The Customer has the option to pay for their purchases by payment card or PAYPAL.
Accepted payment cards are: CB, MasterCard®, Visa®.

- In the event of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general conditions of PAYPAL, which is solely responsible for processing personal data relating to the means of payment entered by the Customer.

- When paying, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and validate the transaction. The Customer must provide their bank card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the bank card).

- The Customer guarantees to the Company, when validating his order form, that he is in good standing with the issuer of the payment card.

- Financial information will be transferred using an encrypted protocol to PAYPAL or other banks providing services related to remote electronic payment, without third parties being able to access it under any circumstances.

ARTICLE 7: DELIVERY
7.1 Availability and shipping time
- Immediate availability of products is guaranteed if the “Add to cart” option is indicated on the product sales page at the time of purchase.

- All orders placed on the Site will generally be processed and shipped within 24 hours of receipt of payment (excluding weekends and public holidays) unless otherwise indicated by us. An email will be sent to confirm the processing of the order as well as the shipment.

7.1.2 Shipping Custom Jewelry Orders
- So-called “special” orders include the personalization of a piece of jewelry (engraving in particular)

- In accordance with the provisions of article L221-28 of the Consumer Code, the products corresponding to these special orders cannot be exchanged or refunded .

7.2 Delivery times
- The Site delivers throughout the European Union and the rest of the world. The ordered product is delivered to the address shown on the Customer's order form. The delivery address may differ from the billing address.

- The delivery time depends on the delivery address and the delivery method selected by the Customer. Any possible delay related to customs clearance of the exported goods does not engage the responsibility of the Company.

Rates and delivery methods: see DELIVERY, EXCHANGE AND RETURN page

- In the event of damage, the Customer shall express his reservations precisely and clearly on the delivery slip, a copy of which shall be sent by La Poste or the carrier to the Company. In this respect, it is the Customer's responsibility to check the content, conformity and condition of the product upon delivery. This check shall be deemed to have been carried out as soon as the Customer, or a person duly authorized by him, has signed the delivery slip presented by the La Poste recipient or the carrier.

- Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation. If you notice such an error, please report it to us by email at contact@lamomebijou.paris within a maximum of 48 hours following receipt of the order.

ARTICLE 8: RIGHT OF WITHDRAWAL (EXCLUDING PERSONALIZED JEWELRY)
- In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from their purchase, without having to provide 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 received the item ordered,

- or, in the case of an order for several items delivered separately, from the day on which the Customer, or a third party who is not the carrier, designated by the Customer, received the last item.

- The Customer must notify the Company by completing the form below, from his customer account on the Site. If an account is not created, it is also possible to issue a withdrawal request either by sending the withdrawal form below, or by sending an unambiguous declaration, by:
- Email to contact@lamomebijou.paris or by
- Postal mail sent to LA MÔME BIJOU SARL – E-Shop – 68 rue Lafayette, 75009 Paris (postmark as proof)

WITHDRAWAL 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 goods [*]/for the provision of the service [*] below

- Article ___[reference]_____________

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

- Name of the consumer(s)

- Address of the consumer(s)

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

- Date

[*] Delete as appropriate.

- The Customer must return the product within fourteen (14) days of notification of withdrawal to the following address, the return costs being borne by the Customer:
LA MÔME BIJOU SARL, 68 rue Lafayette, 75009 Paris

After receiving and verifying the products returned by the Customer, the Company will refund the payments received within fourteen (14) working days and, in the event of a return of a global order (all the products ordered in a single order), the delivery costs. The refunded delivery costs will be based on the standard delivery method (the most economical). If the Customer has chosen a delivery method other than the standard delivery method, the additional costs charged will not be refunded.

- However, we will only accept the exchange and refund of jewelry if all of the following conditions are met:
1) The product must not have been worn, worn, modified, washed or damaged.
2) The product must not have been made to measure. (see Special orders 7.1.2)
3) The product must be returned in its original packaging accompanied by the purchase invoice.

- In the event that the return of the product by the Customer is due to an error by the Company such as a product missing from the order or a product received that is not compliant (subject to Article 3 hereof) or a manufacturing defect in the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.

The Customer must report the error by email to contact@lamomebijou.paris within a maximum of 48 hours following receipt of the order.

- No refund may be made to the Customer who has not exercised his right of withdrawal under the conditions of this article.

- Upon receipt of the returned product, the refund will be made according to the buyer's wishes in the form of a credit note valid for 6 months on the Site or a refund credited directly to their bank account or Paypal account depending on the payment method used when ordering.

ARTICLE 9: GUARANTEES

All Products benefit from the legal regime of the conformity guarantee provided for in articles L217-4 et seq. of the Consumer Code.

Under this warranty, when the legal conditions are met, the Customer has a period of two (2) years from receipt of the product to request its repair or replacement subject to the cost conditions provided for in Article L217-9 of the Consumer Code. The Customer is exempt from providing proof of the existence of the lack of conformity during the six (6) months following delivery of the goods.

The products also benefit from the legal regime of the guarantee against hidden defects within the meaning of article 1641 et seq. of the Civil Code.

Under this guarantee, the Customer can choose between cancellation of the sale or a reduction in the price of the product.

ARTICLE 10: CUSTOMER SERVICE
- For any request for information or for any complaint, the Customer will contact customer service at the following address: contact@lamomebijou.paris

- Customer service can also be reached by telephone from Monday to Friday (10 a.m. to 6 p.m., French time) at +33 01 53 34 61 33
In the event of a complaint, the Customer may first contact customer service.

As a second option, if the Customer has not received a satisfactory response from customer service, they can contact the Médicys Mediation Center. The mediator can be contacted online at the following address: www.medicys.fr .

The Mediator may also be contacted by mail at the following postal address: Médicys – 73, boulevard de Clichy 75009 Paris.

The Customer must provide proof of having contacted customer service for the first time. The Médicys mediator will then process the Customer's request if it is admissible.

ARTICLE 11: 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, their original and innovative nature, including intellectual property rights on texts, literary and artistic creations, graphics (including photographs) and audiovisual works, computer developments, HTML developments and other intellectual works and, more generally, all creations likely to be protected by intellectual property law such as images, logos, formatting, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, visual identity of the Site, belong to the Company or are regularly used by the latter, without any limitation. The Client undertakes not to directly or indirectly infringe the Company, the Site, or the rights of the Company.

ARTICLE 12: PERSONAL INFORMATION AND COOKIES
- Delivery of the order requires the provision of a certain amount of personal information concerning the Customer, namely in particular his/her surname, first name, postal address, date of birth, telephone number, email address. The data collected is necessary for the Company to comply with its obligations, in particular for the validation of the order, as well as for the execution of the delivery. The Customer who does not wish 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 any other context, nor to transmit it to third parties, without the express consent of the Client or outside the cases provided for by law. The data controller, except for payment data, is the Company, whose contact details are indicated in Article 2. Customer contact details are kept for a period of 3 years from the end of the commercial relationship. This data is kept in secure conditions, according to current technical means, in compliance with the provisions of Law No. 78-17 of January 6, 1978. The Company's CNIL declaration number is 1995781.

- 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 banking establishment.

- In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose any personal data concerning you. To do so, simply send us a request online or by mail, indicating your surname, first name, address and, if possible, your customer reference to the following address: LA MÔME BIJOU SARL 68 rue Lafayette, 75009 Paris

- Use of cookies: Under its own responsibility or that of a third party engaged to provide tracking services, the Site may use cookies when an Internet user browses the Site. Cookies are files sent to the browser via a web server in order to record the Internet user's activities throughout the time they browse.

The use of cookies allows 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 areas, services, promotions or competitions reserved exclusively for them without having to register on each visit. Cookies are also used to measure audience and traffic parameters as well as to monitor 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 allowing the deduction of personal data of users.

- Some cookies are used by third parties (e.g. Google) to provide the Company with data on the effectiveness of its promotions. Cookies do not, under any circumstances, obtain personal information that would allow a particular user to be identified.

The cookies used on the Site are, in any case, temporary in nature, with the sole purpose of making subsequent transmission more efficient. No cookie used on the Site will have a period of validity of more than two years.

- The Customer has the option to configure their browser to be notified of the reception of cookies and to refuse installation on their device.

By removing or disabling cookies from the Site, the Internet user runs the risk of not being able to access certain features of the Site.

- To use the Site, it is not necessary for users to allow the installation of cookies, but they will have to restart the session as such in each of the services whose provision requires prior registration or session start.

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

- Technical cookies: They allow the Internet user to navigate the Site and use features such as the shopping cart or the Wishlist.

- Analytics cookies: The Site uses Google Analytics cookies to quantify the number of users who visit the Site. These cookies allow us to measure and analyze how users navigate the Site. This information allows the Company to continually improve its services and facilitate the purchasing process for users of the Site. To learn more about this, you can consult the Google Analytics privacy page: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

- Personalization cookies: When the user browses or purchases 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 personalized browsing experience for users.

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

- The Site may contain links to other websites with privacy policies that differ from those of the Company. In this regard, the Company assumes no responsibility for the content or practices of linked sites. The Company recommends that users of the Site review the privacy policies of all websites they may access through the Site.

The Site's servers may automatically detect the IP address and domain name used by users.

- An IP address is a number automatically assigned to a computer when it connects to the Internet. This information allows for further processing of data in order to obtain purely statistical measurements to determine the number of visits made to the Site, the order of visits, the access point, etc.

ARTICLE 13: 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 14: MODIFICATIONS AND UPDATES
- The general terms and conditions of sale are modified regularly, particularly in consideration of possible regulatory changes. The new general terms and conditions of sale will apply on the date of their publication on the Site.

ARTICLE 15: MISCELLANEOUS
If any of the clauses herein should prove to be null or inapplicable under a law or regulation or following an enforceable decision of a competent court, the Parties expressly agree that this contract shall not be affected by the nullity of the clause in question.

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