General Terms and Conditions of Sale
Article 1 - Scope of application
The present General Terms and Conditions of Sale apply, without restriction or reserve, to all sales concluded by SAS Holding Frayssinet ("the Vendor") with non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Vendor ("the Products") on the www.frayssinet-joaillier.fr website.
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers. The Products offered for sale on the www.frayssinet-joaillier.fr website are as follows: Watches, wedding rings, pendants, bracelets, rings, solitaires, earrings, medals, engagement rings.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.frayssinet-joaillier.fr website.
It is the Customer's responsibility to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The Customer must refer to the description of each Product in order to know its properties and essential particularities.
Product offers are subject to availability, as specified when the order is placed.
The Vendor's contact details are as follows:
SAS HOLDING FRAYSSINET
Siret : 79788451700021
Phone : +33 (0)4 67 54 75 40
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
These General Terms and Conditions of Sale are accessible at all times on the www.frayssinet-joaillier.fr website and shall prevail, where applicable, over any other version or any other contradictory document.
The customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the general terms and conditions of use of the www.frayssinet-joaillier.fr website.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, rectify and object to all his personal data at any time by writing to SAS Holding Frayssinet 15, passage Lonjon 34000 Montpellier, France, with proof of identity.Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and purchase the Products offered on the www.frayssinet-joaillier.fr website.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.
In the event of sales abroad, it is advisable to obtain information on the laws applicable in the countries concerned, to ensure compliance with any constraints they impose, and to translate the conditions of sale into the appropriate languages.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the www.frayssinet-joaillier.fr website from the date they are put online, and cannot be applied to transactions concluded previously.
Article 2- Orders
It is the Customer's responsibility to select the Products they wish to order on the www.frayssinet-joaillier.fr website, using the following methods:
- Click on the add to basket button,
- Consultation of the basket and choice of delivery method,
- Enter billing and delivery details,
- Select payment method and enter payment details,
- Confirmation of payment.
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered final after the Vendor has sent the Buyer confirmation of acceptance of the order by e-mail, and after the Buyer has received the full price and the full deposit due.
It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the www.frayssinet-joaillier.fr website constitutes the formation of a distance contract between the Customer and the Vendor.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. The Vendor also reserves the right to cancel or refuse any order in the event of a price error, in particular if the price displayed is very different from the actual price, almost derisory.
Customers can track the progress of their orders on the www.frayssinet-joaillier.fr website.
The Seller does not sell the Products on the www.frayssinet-joaillier.fr website to professionals, but only to consumers, for their personal needs.
The Vendor therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 5 identical items.
Any modifications to the order made by the Customer will only be taken into account by the Vendor within the limits of its possibilities and on condition that they are notified by e-mail to the Vendor at least 2 days before the date scheduled for dispatch of the order.In the event that such modifications cannot be accepted by the Vendor, the sums paid by the Customer will be refunded within a maximum period of 30 days from notification of the impossibility of accepting the modifications requested by the Customer (unless the Customer prefers to benefit from a credit note).
In the event of cancellation of the order by the Customer after its acceptance by the Vendor at least 2 days before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 10% of the total amount of the purchase may be acquired by the Vendor and invoiced to the Customer, by way of damages, in compensation for the loss thus suffered.
Article 3 - Prices
The Products are supplied at the current prices shown on the www.frayssinet-joaillier.fr website at the time the order is registered by the Vendor. Prices are expressed in Euros, excluding VAT and including VAT.
Prices take into account any discounts granted by the Vendor on the www.frayssinet-joaillier.fr website.
These prices are firm and non-revisable during their period of validity, as indicated on the www.frayssinet-joaillier.fr website, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the www.frayssinet-joaillier.fr website and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
Article 4 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, by bank cards: Visa, MasterCard, American Express, other credit cards.
Payment data is exchanged in encrypted mode using SSL protocol.
The Vendor offers its customers the Alma credit service for the settlement of their purchases and the execution of payment. This is subject to the Customer's acceptance of the GCU or of the credit agreement proposed by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the GCS between the Customer and the Seller will result in the termination of the GCS or the credit agreement between Alma and the Customer.
The Vendor also offers payment in cryptocurrency, in partnership with Lyzi. In the event of payment in cryptocurrency, a 3% conversion fee is applied by our partner Lyzi.
Payment in two or three instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount :
Only purchases between €50 and €6000 are eligible for payment with Alma.
Fees: By paying in instalments with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.
Termination: Any termination of the General Terms and Conditions binding the Vendor and the Customer shall result in the termination of the General Terms and Conditions between Alma and the Customer.
For all Alma claims : https://support.getalma.eu/
Article 5 - Delivery
Products ordered by the Customer will be dispatched to Metropolitan France and European countries within 3 working days of the order being placed. To this preparation time must be added the time required for processing and delivery to the address indicated by the Customer when placing the order on the www.frayssinet-joaillier.fr website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once. The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the times specified above. However, these delivery times are given as an indication only. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2L 216-3L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
The Vendor also offers free in-store delivery at 7 Passage Lonjon 34000 Montpellier or 33 rue du Languedoc 31000 Toulouse.
The Vendor advises you to check the Product at the time of delivery and, in the event of non-conformity of the delivered Product (error in the Product, defective, damaged or incomplete Product), to make written reservations to the carrier and/or the Vendor within five (5) days of delivery at the latest.
In all cases, the provisions set out in article 9 on legal guarantees will apply.
Products are photographed before shipment to prevent future disputes.
For Products reported as non-conforming within five (5) days of delivery, the Vendor allows you to exercise your right of withdrawal and obtain a refund of the Product without having to go through the repair or replacement, as provided for by the legal guarantee of conformity.
Article 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Vendor's Products will take place upon acceptance of the order by the Vendor, materialising the agreement of the parties on the item and on the price, whatever the date of payment and delivery.
Article 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Vendor of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted. The right of withdrawal may be exercised by e-mail or by post, by returning the withdrawal form, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased, delivery costs and return costs will be reimbursed.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.
Article 8 - Seller's liability - Warranty
The Products sold on the www.frayssinet-joaillier.fr website comply with the regulations in force in France, and their performance is compatible with non-professional use.
Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- the legal guarantee of conformity, for Products which appear to be defective, damaged or not corresponding to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the procedures defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty against Hidden Defects).
In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of 2 years from delivery of the Products, or of the existence of hidden defects within a maximum period of 2 years from their discovery.
The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate.
Refunds for Products found to be non-conforming or defective will be made as soon as possible, and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Vendor may not be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check;
- in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
Article 9 - Data protection
In application of law 78-17 of January 6th 1978, it is reminded that the nominative data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the www.frayssinet-joaillier.fr website has been declared to the CNIL.
In accordance with current national and European regulations, the customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised under the terms and conditions defined on the www.frayssinet-joaillier.fr website.
In accordance with article L. 223-2 of the French Consumer Code, you have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone anti-solicitation list, so that you are no longer contacted by a professional with whom you have no current contractual relationship.
All consumers can register free of charge on this list at https://conso.bloctel.fr/index.php/inscription.php.
Article 10 - Intellectual property
The content of the www.frayssinet-joaillier.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
In addition, the Vendor retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Services to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models, prototypes, etc., without the Vendor's express prior written authorization, which may be conditional upon payment of a fee.
Article 11 - Applicable law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of litigation.
Article 12 - Disputes
All disputes arising from the purchase and sale transactions concluded in application of the present general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
The customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Article L 612-1 of the French Consumer Code) or with existing sector-specific mediation bodies, the references of which can be found on the website www.frayssinet-joaillier.fr, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 13 - Pre-contractual information - Customer acceptance
Prior to placing an order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with the present General Terms and Conditions of Sale and with all the information listed in article L 221-5 of the French Consumer Code, in particular the following information:
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
- the price of the Products and ancillary costs (e.g. delivery);
- in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product;
- information concerning the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- information on legal and contractual warranties, and how they apply;
- the functionalities of the digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions;
- the means of payment accepted.
The fact that a natural person (or legal entity) places an order on the www.frayssinet-joaillier.fr website implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to take advantage of any contradictory document, which would be unenforceable against the Vendor.
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