Preamble
The present general terms and conditions of sale apply to all sales concluded on the website www.apsarajewels.fr
The website apsarajewels.fr is a service of:
Apsara Jewels
located at Tuilerie Bossy 1285 Chemin du moulin du fort 13120 Gardanne France
website URL: www.apsarajewels.fr
email: hello@apsarajewels.fr
The website www.apsarajewels.fr markets the following products: Jewelry
The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. The validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 - Principles
The present general conditions express the entirety of the obligations of the parties.In this sense, the buyer is deemed to accept them without reservation.
The present general terms and conditions of sale apply to the exclusion of all other conditions, particularly those applicable to in-store sales or through other distribution and marketing channels.
They are accessible on the website www.apsarajewels.fr and will prevail, where applicable, over any other version or any contradictory document.
The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are published online.
If a sales condition were to be lacking, it would be considered governed by the practices in force in the distance selling sector where companies are based in France.
These general terms and conditions of sale are valid until 30/12/2023
Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website www.apsarajewels.fr
These conditions only apply to purchases made on the site of www.apsarajewels.fr and delivered exclusively in mainland France or Corsica. For any delivery to the DOM-TOM or abroad, please send a message to the following email address: hello@apsarajewels.fr
These purchases concern the following products: Jewelry
Article 3 - Pre-contractual Information
The buyer acknowledges having received, prior to placing their order and concluding the contract, in a readable and understandable manner, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.
The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the goods;
- the price of the goods and/or the method of calculating the price
- and, if applicable, all additional costs for transport, delivery or postage, and any other potential fees due.
- in the absence of immediate execution of the contract, the date or timeframe within which the seller commits to deliver the goods, regardless of their price;
- information regarding the identity of the seller, their postal, telephone, and electronic contact details, and their activities, as well as information related to legal warranties, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of warranties and other contractual conditions.
Article 4 - The order
The buyer has the option to place their order online, using the online catalog and the form provided, for any product, within the limits of available stock.
The buyer will be informed of any unavailability of the ordered product or item.
In order for the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
- after the seller sends the buyer a confirmation of the acceptance of the order by email;
- and after the seller has received the full payment.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, particularly in the event of non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.
For any questions regarding order tracking, the buyer must send an email to the seller at the following email address: hello@apsarajewels.fr
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will serve as proof of the buyer's agreement:
- enforceability of the amounts due under the purchase order,
- signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is detected, to contact the seller at the following phone number: 0756948188
Article 6 - Order confirmation
The seller provides the buyer with a copy of the contract via email.
Article 7 - Proof of Transaction
The computerized records, maintained in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 - Product Information
The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stock.
The products are described and presented with the greatest possible accuracy.However, if errors or omissions have occurred regarding this presentation, the seller's liability cannot be engaged.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but commits to applying the current rates indicated at the time of the order, subject to availability on that date.
Prices are indicated in euros. They do not include delivery charges, which are billed in addition and indicated before the order confirmation. Prices include the applicable VAT on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, including environmental ones, were to be created or modified, whether increased or decreased, this change may be reflected in the selling price of the products.
Article 10 - Payment method
This is an order with a payment obligation, which means that placing the order implies a payment from the buyer.
To pay for their order, the buyer has the option of using all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method they have chosen when validating the order form.The seller reserves the right to suspend any order management and any delivery in the event of a refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. The seller also reserves the right to refuse to make a delivery or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being processed.
[You choose between options A, B, or C depending on the payment method used on your site]
Payment of the price is made in full on the day of the order, according to the following terms:
by credit card or by PayPal
Article 11 - Product Availability - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store that will be clearly announced on the homepage of the site, shipping times will, within the limits of available stock, be those indicated below. Shipping times begin from the date of order registration indicated in the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delivery time is 5 days from the day following the day the buyer placed their order, according to the following terms: [Your delivery method]. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, request the seller to fulfill it within a reasonable additional timeframe.
If the contract is not fulfilled by the expiration of this new deadline, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a written document on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or written document informing them of this resolution, unless the professional has fulfilled their obligations in the meantime.
However, the buyer may immediately resolve the contract if the dates or deadlines mentioned above constitute an essential condition of the contract.
In this case, when the contract is resolved, the seller is obliged to refund the buyer the total amount paid, no later than within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order.The buyer will then have the choice to request either a refund of the amounts paid within 14 days at the latest from their payment, or an exchange of the product.
Article 12 - Delivery Terms
Delivery refers to the transfer to the consumer of physical possession or control of the goods. The ordered products are delivered according to the terms and timeframe specified above.
The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, upon request, obtain an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow for the collection of the package at the specified location and within the indicated timeframe.
If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by their signature any anomalies regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken products...).
This verification is considered completed as soon as the buyer, or a person authorized by them, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following the receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.
If the products need to be returned to the seller, a return request must be made to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions...).
Article 13 - Delivery Errors
The buyer must submit any claim regarding delivery errors and/or non-compliance of the products in nature or quality compared to the indications on the order form to the seller on the same day of delivery or at the latest on the first working day following delivery. Any claim made beyond this deadline will be rejected.
The claim may be made, at the buyer's choice:
- email address: hello@apsarajewels.fr
Any claim not made in accordance with the rules defined above and within the specified deadlines will not be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it via email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
In case of delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the following address: Apsara Tuilerie Bossy 1285 Chemin du moulin du fort 13120 Gardanne France
Return shipping costs are the responsibility of the buyer.
Article 14 - Product Warranty
Legal warranty of conformity and legal warranty against hidden defects
www.apsarajewels.fr is responsible for the conformity of goods to the contract, allowing the buyer to make a request under the legal warranty of conformity provided for in articles L. 217-4 and following of the Consumer Code or the warranty against defects of the sold item as defined in articles 1641 and following of the Civil Code. In the event of the implementation of the legal warranty of conformity, it is reminded that :
- the buyer has a period of 2 years from the delivery of the goods to take action;
- the buyer can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L.217-17 of the Consumer Code;
- the buyer is not required to provide proof of the non-conformity of the goods during the 24 months in the case of new goods, following the delivery of the goods.
Furthermore, it is reminded that:
- the legal warranty of conformity applies independently of the commercial warranty indicated below;
- the buyer may choose to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code. In this case, they may choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of Withdrawal
Application of the Right of Withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing for their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
In the event of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and the delivery costs will be refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within a period of 5 days, and at the latest, within 14 days from the seller's receipt of the products returned by the buyer under the conditions set out above.
Exceptions
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and that may occur during the withdrawal period;
- for the supply of goods made to the specifications of the consumer or clearly personalized;
- for the supply of goods that are likely to deteriorate or expire rapidly;
- for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
- for the supply of goods that, after being delivered and by their nature, are mixed inextricably with other items;
- for the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to address the urgency;
- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- for the supply of a newspaper, periodical, or magazine, except for subscription contracts for these publications;
- for the supply of digital content not provided on a tangible medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal.
Article 16 - Force majeure
All circumstances beyond the control of the parties that prevent the execution of their obligations under normal conditions are considered as causes for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances mentioned above must immediately notify the other party of their occurrence, as well as their cessation.
All facts or circumstances that are irresistible, external to the parties, unpredictable, unavoidable, independent of the will of the parties, and that cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure.Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: the blockage of transportation or supply means, earthquakes, fires, storms, floods, lightning, the interruption of telecommunication networks, or difficulties specific to telecommunication networks external to the clients.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will continue. If the force majeure event lasts longer than three months, these general conditions may be terminated by the affected party.
Article 17 - Intellectual Property
The content of the website remains the property of the seller, who is the sole holder of the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Article 18 - Data Protection and Privacy
The personal data provided by the buyer are necessary for processing their order and for issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the website www.apsarajewels.fr complies with the General Data Protection Regulation (GDPR) enacted on May 25, 2018.
The buyer has a permanent right of access, modification, rectification, and opposition regarding the information concerning them. This right can be exercised under the conditions and according to the procedures defined on the site Marque Avenue.
Article 19 - Partial Invalidity
If one or more provisions of these general conditions are deemed invalid or declared as such in accordance with a law, regulation, or as a result of a final decision by a competent jurisdiction, the other provisions will retain their full force and scope.
Article 20 - Non-waiver
The failure of either party to invoke a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be interpreted as a waiver of the obligation in question for the future.
Article 21 - Title
In the event of an interpretation difficulty between any of the titles at the beginning of the clauses and any of the clauses, the titles shall be declared non-existent.
Article 22 - Language of the contract
These general terms and conditions of sale are written in French.In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 - Mediation
The buyer may resort to conventional mediation, notably with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes amounting to 10,000 € or less, or the high court for disputes exceeding 10,000 €.
It is the same for substantive rules as for formal rules. In the event of a dispute or complaint, the buyer will primarily contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected:
The personal data collected on this site are as follows :
Account creation: when creating the user's account, their last name, first name, email address; phone number; postal address;
Login: when the user logs into the website, it records, in particular, their last name, first name, login data, usage data, location data, and payment-related data.
Profile: the use of the services provided on the website allows for the completion of a profile, which may include an address and a phone number.
Payment: in the context of payment for the products and services offered on the website, it records financial data related to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, data regarding the user's communications is temporarily stored.
Cookies: cookies are used in the context of using the site. The user has the option to disable cookies from their browser settings.
Use of Personal Data
The personal data collected from users is intended for the provision of the website's services, their improvement, and the maintenance of a secure environment.More specifically, the uses are as follows :
- access and use of the website by the user ;
- management of the operation and optimization of the website ;
- organization of the terms of use of the Payment Services ;
- verification, identification, and authentication of data transmitted by the user ;
- offering the user the possibility to communicate with other users of the website ;
- implementation of user support ;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences ;
- prevention and detection of fraud, malware (malicious software) and management of security incidents ;
- management of any disputes with users ;
- sending commercial and advertising information, based on the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases :
- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts ;
- when the user posts information accessible to the public in the website's free comment areas ;
- when the user allows a third-party website to access their data ;
- when the website uses the services of providers to offer user support, advertising, and payment services.These service providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use it in accordance with the provisions of applicable data protection regulations ;
- if required by law, the website may transmit data to respond to claims made against the website and comply with administrative and judicial procedures ;
- if the website is involved in a merger, acquisition, asset transfer, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data.In this case, users would be informed before personal data is transferred to a third party.
Security and Privacy
The website implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of User Rights
In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by making their request to the following address: hello@apsarajewels.fr
the right of access : they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
the right to rectification : if the personal data held by the website is inaccurate, they can request the update of the information.
the right to data deletion : users can request the deletion of their personal data, in accordance with applicable data protection laws.
the right to restrict processing : users can request the website to limit the processing of personal data in accordance with the conditions set out by the GDPR.
the right to object to data processing : users can object to their data being processed in accordance with the conditions set out by the GDPR.
the right to data portability : they can request that the website provide them with the personal data they have supplied to transfer to a new website.
Evolution of this clause
The website reserves the right to make any modifications to this clause regarding the protection of personal data at any time. If a modification is made to this personal data protection clause, the website commits to publishing the new version on its site. The website will also inform users of the modification via email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.
Appendix:
Withdrawal form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within a maximum period of 14 days following the date of conclusion of the service contract)
Withdrawal form
To the attention of:
Apsara Jewels
located at: Tuilerie Bossy 1285 Chemin du moulin du fort 13120 Gardanne France
phone number: 0756948188
email address: hello@apsarajewels.fr
I hereby notify you of my withdrawal from the contract concerning the service, ordered on: .........
First name and last name of the consumer: .................
Address of the consumer: .................
Date: ..................
Consumer Signature
_________________________________________________________________________
Annexes
Consumer Code
Article L. 217-4: “The seller delivers a good that is in conformity with the contract and is responsible for any conformity defects existing at the time of delivery.
They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when the latter has been made at their expense or carried out under their responsibility.”
Article L.217-5: “The good is in accordance with the contract:
1° If it is suitable for the usual expected use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.”
Article L.217-6: “The seller is not bound by the public statements of the producer or their representative if it is established that they were unaware of them and could not legitimately have been aware of them.”
Article L. 217-7: “Defects in conformity that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the goods or the defect in conformity invoked.”
Article L. 217-8: “The buyer has the right to demand the conformity of the goods to the contract. However, they cannot contest the conformity by invoking a defect that they were aware of or could not have been unaware of at the time of contracting."It is the same when the defect originates from the materials that he himself provided.”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost in relation to the other option, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, unless impossible, according to the option not chosen by the buyer.”
Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price or keep the goods and receive a partial refund of the price. The same option is available to him: 1° If the solution requested, proposed, or agreed upon in accordance with Article L.217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer considering the nature of the good and the use they are seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.”
Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 occurs at no cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L. 217-12: “The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good.”
Article L.217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature recognized by law."
Article L. 217-14: "The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Article L.217-15: "The commercial warranty refers to any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good, or the provision of any other service related to the good, in addition to its legal obligations aimed at ensuring the conformity of the good.
The commercial warranty is subject to a written contract, of which a copy is provided to the buyer.
The contract specifies the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor.
Furthermore, it clearly and precisely states that, regardless of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L."217-12 and that relating to defects in the sold item, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are fully reproduced in the contract.
In case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to invoke it."
Article L. 217-16: “When the buyer requests the seller, during the term of the commercial warranty granted to them at the time of acquisition or repair of a movable good, a restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the duration of the warranty that remained to run.
This period runs from the buyer's request for intervention or from the availability of the item for repair, if this availability is subsequent to the request for intervention.”
Civil Code
Article 1641: “The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the intended use, or that diminish this use to such an extent that the buyer would not have purchased it, or would have paid a lower price if they had known about them.”
Article 1648: “The action resulting from hidden defects must be brought by the buyer, within a period of two years from the discovery of the defect.In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or non-conformities.