GENERAL CONDITIONS OF SALE
PREAMBLE
This site is published by the company Collection Constance with a capital of €1,000 whose head office is located at BP 93201, 75122 Paris Cedex 03 (France), registered with the Paris Trade and Companies Register under number RCS 899 061 212 The conditions set out below define the rights and obligations of the COLLECTION CONSTANCE company as well as of the buyer, hereinafter referred to as “Client”. Only non-trading natural persons are considered buyers. The customer declares to have the legal capacity to
to conclude this contract, that is to say to be of legal majority, and not to be placed under a legal or conventional protection regime, according to article of law 1146 of the Civil Code. The site www.collectionconstance.com reserves the right to change these conditions at any time, without notice. However, any changes will be mentioned in these general conditions of sale.
ARTICLE 1: FORMATION OF THE CONTRACT
The formation of the contract between Collection Constance and the customer occurs at the time of the order confirmation. This
order confirmation summarizes the details of the order and serves as a contract between the Customer, Collection Constance and the website www.collectionconstance.com
All the products referenced on the website www.collectionconstance.com are available for delivery for all countries of the European Union.
ARTICLE 2: TERMS OF ORDER
The website www.collectionconstance.com allows you to order a selection of Collection Constance brand products from Collection Constance immediately online via the internet for delivery in all countries of the European Union. The ordering process is as follows: the Customer can at any time add a product to the basket by clicking on "add to basket" via the product sheet. The product is then added to the basket and the Customer can continue his visit to the site to add other products.
The Customer has visibility on the contents of the basket with the prices and product characteristics by clicking on "see my basket". He can then finalize his order by clicking on “validate my basket”. For an order to be fully validated, the Customer must either identify himself clearly by creating a customer account, or place an order as a guest. In all cases, he must provide his surname, first name, e-mail address and telephone number, which are exclusively personal to him. These elements will allow us to ensure the proper execution of the sales contract. To finalize his order, the Customer must have validated the general conditions of sale, as well as the confidentiality policy by ticking the box provided for this purpose; he must give his billing and delivery details; he must choose the method of delivery of his order; he must select his means of payment; he must
then confirm the order. The order is validated once all the fields have been completed by the customer.
To avoid any error, Collection Constance recommends that its Customers carefully check the content of their order (product, price, option) before confirming it. It will be possible for the Customer to renew this verification when receiving the email validating the order.
If the customer is registered on the site, he will have access to his order via his personal space in the "my orders" tab. Collection Constance reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, in the event of an ongoing dispute concerning the payment of a previous order or if Collection Constance suspects
a violation of the general conditions of sale or for any attempt at fraud.
ARTICLE 3: PRODUCT
All orders placed via the website are shipped subject to product availability. Collection Constance makes every effort to ensure that the products offered on the website are available when ordering. For technical reasons, the products chosen by the Customer may no longer be available from Collection Constance when the order is confirmed.
In this case the Customer will be contacted by Customer Service to find an appropriate solution. The essential characteristics of the articles are presented on our site in each of the article sheets in the "description" section. The images used are not contractual, some differences may be present between the photographs and the real object. Indeed a photograph is an optical and technical process which can present variations and appearance defects between reality and the rendering of the photograph. To find out the correspondence of the sizes, we advise Customers to go to the size guide found in each product sheet, or to click on "Size Guide"
ARTICLE 4: GIFT CARD
The Constance Collection gift card cannot be taken back, exchanged or refunded for any reason whatsoever (including theft, loss, deterioration).
If the products purchased using the Collection Constance gift card are not suitable, the customer must contact Collection Constance customer service by e-mail or telephone to request a return. The customer has a period of 14 days to request a return. Any product may be returned intact, unworn and with its packaging.
of origin. Once received by Collection Constance customer service, the gift card will be credited with the value
of the returned product. In the event that the product does not comply with these return conditions, it will be returned to the customer at his expense.
The Constance Collection gift card can only be used once on the site. If the amount of a purchase is greater than the available balance of the gift card, the difference can be paid by any means of payment accepted by the Collection Constance site.
Collection Constance reserves the right to modify the conditions of use of the gift card at any time and without notice, and will inform customers thereof via its website.
When purchasing a gift card, the customer receives a code valid for one year on the site.
In order to be able to use the gift card during a purchase, you must enter the code in the dedicated space in the basket. Once the code has been applied, the amount of the gift card will be automatically deducted from the amount of the order.
If this does not work or if the manipulation does not carry out the delivery, we recommend that our customers contact Collection Constance customer service. A solution will then be provided as soon as possible.
ARTICLE 5: PRICE
The prices indicated on the site are expressed by default in euros all French taxes included (TTC), on the basis of the French value added tax (VAT) at 20%, excluding transport costs. Collection Constance reserves the right to change prices without notice. The products remain the property of Collection Constance until full payment of the price. The total amount owed by the Customer is the amount indicated during the order confirmation. The total amount of the basket in step 1 is given as an indication, without taking into account the shipping costs which will be added once the shipping method has been selected. The total price will be notified on the order when choosing the shipping method.
The "Payment" step allows you to choose the method of payment desired by the Customer, the amount indicated at this step is the total amount of the order including the shipping costs. Upon receipt of an order confirmation, an order invoice will be available in the “my account” area upon confirmation of the order by the Customer. This will include a summary of the products as well as the total price paid and debited.
ARTICLE 6: PAYMENT
Any item purchased on the www.collectionconstance.com site can be paid for by credit card. The debit is then made at the time of validation of the order, after confirmation from the bank issuing the card. In accordance with the recommendation of the CNIL, they are secured by highly secure pages for entering payment data: card number, expiry date and visual cryptogram (PCI DSS standard). This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party. If the bank refuses, the order will be automatically cancelled. At no time does the Customer's bank details pass through the Collection Constance computer system.
ARTICLE 7: DELIVERY AND SHIPPING
Collection Constance delivers the product(s) ordered to the delivery address indicated by the Customer at the “Delivery address” stage of his order. It is imperative for the Customer to verify its accuracy.
Any reshipment due to inaccurate address will be the responsibility of the Customer. Delivery costs are calculated according to the delivery method chosen by the Customer when ordering. All orders are processed by Collection Constance in 2 to 3 working days. The Customer receives an email when his order is dispatched with a link allowing him to follow his order from dispatch to delivery,
through the carrier's website. The delivery times quoted are indicative. In mainland France, the delivery time cannot exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 2 to 3 working days. However, Collection Constance cannot be held responsible for delays due to the carrier.
ARTICLE 8: RIGHT OF WITHDRAWAL
In accordance with the provisions of article L.121-21, L.121-21-1, L.121-21-2 of the Consumer Code, the customer who is not satisfied with his order has a withdrawal period of 14 days after receipt of the goods to request a
refund. The Customer has no particular reason to provide for using his right of withdrawal. In order to exercise his right of withdrawal, the customer can choose to use:
The withdrawal form (reproduced in the Appendix hereto) by returning it by email (contact@collectionconstance.com)
or at the following address: Collection Constance, BP 93201, 75122 Paris Cedex 03. This form must be attached to the package that the Customer will return with the products.
An unambiguous statement (for example, letter sent by post, fax or e-mail: contact@collectionconstance.com.
The paper declaration must be sent to: Collection Constance, BP 93201, 75122 Paris Cedex 03.
If the Customer uses electronic means, Collection Constance will send him an acknowledgment of receipt of the withdrawal without delay on a durable medium (for example by email).
The return of the Products will be made by post, to the following address: Collection Constance, BP 93201, 75122 Paris Cedex 03. The return costs remain the responsibility of the Customer. If the Customer decides to return several items from the same order, it is imperative that all the products are returned together. Products must be returned in their original packaging, in their original condition, new and unworn. If the returned product is damaged, it will be returned to the Customer at his expense. The return of the products will be at the expense of the
Customer. The Customer will be refunded the amount of the order concerning the returned product(s ), at the latest 14 days after the exercise of the right of withdrawal. However, the initial delivery costs will not be refunded.
ARTICLE 9: RETURNED PRODUCTS
To return a product, you must first go to the “my account – my returns” area and make your request. Following this request, Collection Constance will send an email to the Customer to inform him of the return procedures. If the return is due to an error on the part of Collection Constance (reference, size, hidden defect, etc.), Collection Constance undertakes to reimburse the total amount of the product.
Subject to Collection Constance's agreement, the Customer will be reimbursed for the amount of the returned products. Any returned product must be in its undamaged condition, unworn and in its original packaging. If the product concerned does not comply with these conditions, the product will be returned to the customer at his expense.
ARTICLE 10: WARRANTY
Collection Constance offers you a commercial guarantee of 3 years, it applies to all jewelry. The jewel is guaranteed against all manufacturing defects for a period of 3 years from the date of purchase. This warranty is valid in the context of use
normal of the product. Are excluded from the warranty: defects resulting from accidents, improper or abusive handling or use (such as shocks, marks of blows, crushing, exposure to corrosive agents) as well as the consequences of acidity skin, wear and normal aging of the jewel.
On the other hand, all defective parts due to a manufacturing defect duly noted by our Customer Service will be repaired or replaced. For the Customer to benefit from his guarantee, it is necessary for him to have the purchase invoice for the jewel. If the Customer encounters a problem during this warranty period, the Customer must contact customer service at the following address: contact@collectionconstance.com to find out how to return and find an appropriate solution. When returning the product by the Customer, it is necessary to protect and carefully place the product(s) in their original packaging to be sent to Collection Constance, 7 Rue des Fontaines du Temple, 75003 Paris, accompanied by the invoice .
Beyond the guarantee, the Customer can have his jewel repaired by our workshop with a prior estimate. If the Customer accepts it, we will repair his jewel and it will be returned to him as soon as possible. The repair will be carried out once the Customer's payment has been validated.
ARTICLE 11: RESPONSIBILITY
The company Collection Constance cannot be held responsible for events preventing the proper performance of the contract and which would be attributable to the customer, to a third party to the contract or to a case of force majeure. In addition, the information contained in the site may contain technical inaccuracies or translation or typographical errors and www.collectionconstance.com
cannot be responsible for it. Collection Constance is not responsible for the use of other sites to which customers can access via links on www.collectionconstance.com . If a condition proves to be illegal or is considered invalid, this will not result in the invalidity of the other conditions.
ARTICLE 12: APPLICABLE LAW
Sales concluded with Collection Constance via the website www.collectionconstance.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be
submitted to the competent court in accordance with the rules of jurisdiction of common law.
ARTICLE 13: AMICABLE SETTLEMENT OF
DISPUTES – CONSUMER MEDIATION
Under Article L.612-1 of the Consumer Code: “ Every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system.
The professional may set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.
When there is a consumer ombudsman whose competence extends to all companies in a field of economic activity to which he belongs, the professional always allows the consumer to have recourse to him.
The methods according to which the mediation process is implemented are specified by decree in Council of State”. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Collection Constance adheres to the Service of the e-commerce Mediator of the AME Conso whose contact details are as follows: 11 place Dauphine – 75001 Paris - https://www .mediationconso-ame.com - In the event of a dispute, the Customer must first contact Collection Constance Customer Service by email at: contact@collectionconstance.com . After prior written action by consumers vis-à-vis Collection Constance (Collection Constance), the Mediator's Service may be contacted for any consumer dispute whose settlement has not been successful. This Commission has exclusive jurisdiction to deal, within the framework of a mediation process, with the disputes arising between Collection Constance and the Client. To find out how to refer to the Mediator, click here .
ARTICLE 14: INTELLECTUAL PROPERTY
Collection Constance is the owner of the website www.collectionconstance.com . In addition, the graphics, the texts, more generally everything that makes up the site ww.collectionconstance.com are the property of the company Collection Constance. All other graphics appearing on the jewelry and the website www.collectionconstance.com
belong to the Collection Constance company and may not be reproduced. THE
photos and diagrams representing the products may not be reproduced. All names, logos, brands and titles used on this site are registered trademarks or registered names of their owners. It is also recalled that
all drawings, models and plans belong to Collection Constance, which has artistic property rights over all of its products. The Customer declares to recognize that any counterfeiting, of the brand, of the drawings or model or other graphics, may be sanctioned by criminal and/or civil convictions at the discretion of Collection Constance.
ARTICLE 15: PERSONAL DATA
All the information requested on the site www.collectionconstance.com when placing an order or registering for the newsletter is as follows: name, address, email, telephone number and Customer number. In addition, certain information will be collected when browsing the ww.collectionconstance.com site via cookies (login cookies). This personal information is used only within the framework of the exercise of the site www. collectionconstance.com, in order to guarantee a better follow-up of orders and an improvement of services. The Collection Constance company undertakes not to provide this personal information to any third-party organization without the Client's prior agreement. The Customer may at any time exercise his rights of access, rectification and refusal to process personal data, in accordance with Articles 38, 39 and 40 of the law relating to data processing, files and freedoms. For this you must contact us at the following address: contact@collectionconstance.com .
The use of the telephone number exists only within the framework of the proper execution of the sales contract between Collection Constance and the customer.
However, the customer has the possibility of registering with Bloctel in order to oppose his number against cold calling. It is also possible to unsubscribe at any time from the newsletter or our mailings.
ARTICLE 16: CUSTOMS
Any order placed on the site and delivered outside Metropolitan France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of an item are the responsibility of the Customer and are his responsibility.
Collection Constance is not required to verify and inform its Customers of applicable customs duties and taxes. To know them, it is up to the member to inquire with the competent authorities of his country. The language of these general conditions of sale is French. This agreement is subject to French law. And in the event of a dispute with a Customer, the French courts will have sole jurisdiction.
PROVISIONS RELATING TO LEGAL GUARANTEES
Article L211-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, the instructions of
assembly or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the good must:
Be specific to the use usually expected of a similar item and, where applicable:
Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model
Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX
1: MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of Collection Constance, BP 93201, 75122 Paris Cedex 03 (email: contact@collectionconstance.com).
We advise you to also specify your order number.
I hereby notify you and in accordance with Article L. 221-18 of the Consumer Code, of my withdrawal from the contract relating to the sale of the property below:
Ordered on: […] / Order received on: […]
Order number :
Client name :
Customer address:
Street :
Postal code :
City :
Country :
Signature (only in case of notification of this form on paper)
:
Date :
