General conditions of sale "GTC"

CGV – General Conditions of Sale

General Terms and Conditions of Sale to Individual Consumers

These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the SITE: www.lessecretsdelafoliebijoux.fr (hereinafter the “SITE”)

Near Ms. Charline Benito, manager of the micro-enterprise Les secrets de la folie

registered at register jobs at L'ALLIER

under the number 879 770 600 00010 ,

having its headquarters: Lieu dit La FOLIE, 03230 BEAULON, France

Such : 0675379614 , EMAIL: lessecretsdelafolie@gmail.com

The WEBSITE www.lessecretsdelafoliebijoux.fr offers the following PRODUCTS:

  • Jewelery with gemstones

IMPORTANT The CUSTOMER declares to have read and accepted the General Conditions of Sale prior to placing his order. The validation of the order therefore implies acceptance of the General Conditions of Sale.

Update on 07/19/2023

ARTICLE 1. DEFINITIONS

The terms used below have, in these General Conditions of Sale, the following meaning:

“ CUSTOMER ”: refers to the co-contracting party of Les Secrets de la Folie Bijoux, micro-enterprise of Mrs. Charline Benito , which guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.

“ DELIVERY ”: refers to the first presentation of the PRODUCTS ordered by the CLIENT to the DELIVERY address indicated when ordering.

“ PRODUCTS ”: designates all the PRODUCTS available on the SITE.

“ SITE ”: refers to the WEBSITE www.lessecretsdelafoliebijoux.fr property of Les Secrets de la Folie Bijoux, micro enterprise of Mrs. Charline Benito

ARTICLE 2. PRINCIPLES

These T&Cs express all of the obligations of the parties.

In this sense, the CLIENT is deemed to accept them without reservation. These GCS apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department The Secrets of Jewelry Madness in order to benefit from distinct contractual conditions.

These T&Cs are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the T&Cs and keep a copy.

The Secrets of Jewelry Madness and the CUSTOMER agree that these T&Cs exclusively govern their relationship.

Les Secrets de la Folie Bijoux reserves the right to modify its T&Cs from time to time. They will be applicable as soon as they are put online. The Secrets of Jewelry Madness advises the CUSTOMER to read the T&Cs for each new order, the latest version of the said conditions applying to any new order of PRODUCTS.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

ARTICLE 3. CONTENT

The purpose of these GCS is to define the rights and obligations of the parties in the context of the online sale of goods offered by Les Secrets de la Folie Bijoux. to the CUSTOMER, from the SITE www.lessecretsdelafoliebijoux.fr These conditions apply only to purchases made on the SITE and delivered exclusively in the following territories: Metropolitan France and DOM-TOM, Australia, Austria, Belgium, Brazil, Canada, Cyprus, South Korea, Croatia, Denmark, Spain, Estonia, United States, Finland, Great Britain, Greece, Hungary, Indonesia, Ireland, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, New Zealand, Netherlands, Poland, Portugal, Serbia, Singapore, Slovakia, Slovenia, Switzerland, Sweden and Thailand.

For any DELIVERY in another country, please send a message to the following e-mail address: lessecretsdelafolie@gmail.com

These purchases concern the following PRODUCTS: jewelery with gemstones

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.

The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE.

The sign (*) indicates the mandatory fields must be completed for the CLIENT's order to be processed by Les Secrets de la Folie Bijoux .

The CUSTOMER can check the status of his order on the SITE.

Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER can also contact the sales department of Les Secrets de la Folie Bijoux at any time by e-mail, at lessecretsdelafolie@gmail.com in order to obtain information on the status of his order.

The information that the CLIENT provides to Les Secrets de la Folie Bijoux when placing an order must be complete, accurate and up-to-date. The Secrets of Jewelry Madness reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.

ARTICLE 5. PRE-CONTRACTUAL INFORMATION

The CUSTOMER acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the Consumer Code.

The following information is transmitted to the CLIENT in a clear and understandable manner:

  • The essential characteristics of the property;
  • The price of the good and/or the method of calculating the price;
  • If applicable, all additional costs of transport, DELIVERY or postage and all other possible charges payable;
  • In the absence of immediate execution of the contract, the date or the deadline on which Les Secrets de la Folie Bijoux undertakes to deliver the good, whatever its price;
  • Information relating to the identity of Les Secrets de la Folie Bijoux , to its postal, telephone and electronic contact details, and to its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.

ARTICLE 6. THE ORDER

The CUSTOMER has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any PRODUCT, within the limit of available stocks. The CUSTOMER will be informed of any unavailability of the PRODUCT or the goods ordered. For the order to be validated, the CUSTOMER must accept, by clicking where indicated, these General Conditions. He will also have to choose the address and the DELIVERY method, and finally validate the payment method.

The sale will be considered final after the CLIENT has been sent confirmation of acceptance of the order by Les Secrets de la Folie Bijoux by e-mail ; and after collection by Les Secrets de la Folie Bijoux of the full price.

Any order implies acceptance of the prices and description of the PRODUCTS available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the CLIENT's account, Les Secrets de la Folie Bijoux reserves the right to block the CLIENT's order until the problem is resolved.

For any question relating to the follow-up of an order, the CUSTOMER can send an email to Les Secrets de la Folie Bijoux to the following email address: lessecretsdelafolie@gmail.com .

Section 6.1. Electronic signature

The online provision of the CUSTOMER's bank card number and the final validation of the order will constitute proof of the CUSTOMER's agreement: payment of the sums due under the order form; signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the CUSTOMER is invited, as soon as this use is observed, to contact Les Secrets de la Folie Bijoux at the following TELEPHONE number: 06.75.37.96.14.

Article 6.2 – Order Confirmation

Once the order steps are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by e-mail, provided that the e-mail address communicated by the registration form is correct.

Les Secrets de la Folie Bijoux does not send any order confirmation by post or fax.

Section 6.3. Proof of Transaction

The computerized registers, kept in the Les Secrets de la Folie Bijoux computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Section 6.4. Billing

During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by Les Secrets de la Folie Bijoux ).

The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, as well as any possible access code to the DELIVERY address. The CUSTOMER must also specify the means of payment chosen.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that Les Secrets de la Folie Bijoux sends to the CUSTOMER by e-mail does not constitute an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

Section 6.5. PRODUCT INFORMATION

The PRODUCTS governed by these GCS are those which appear on the SITE and which are indicated as sold and shipped by Les Secrets de la Folie Bijoux . They are offered within the limits of available stocks.

The PRODUCTS are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the responsibility of Les Secrets de la Folie Bijoux could not be engaged.

The photographs show the PRODUCTS that the customer will receive, unless otherwise stated on the product sheet. The colors represented may differ slightly depending on the settings and resolution of the CUSTOMER's computer, the colors may therefore vary slightly from the photo, and Les Secrets de la Folie Bijoux cannot be held liable.

Section 6.6. Price

The Secrets of Jewelry Madness reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the DELIVERY costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the PRODUCTS of the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the PRODUCTS.

The prices indicated are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CLIENT.

Section 6.7. PRODUCT Availability

The Secrets of Jewelry Madness undertakes to deliver the PRODUCT on the date or within the period indicated to the CLIENT, unless the parties have agreed otherwise. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned.

CUSTOMERS can also be informed of the restocking of a PRODUCT by Les Secrets de la Folie Bijoux .

In any case, if the unavailability was not indicated at the time of the order, Les Secrets de la Folie Bijoux undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.

In the event that a PRODUCT is unavailable, Les Secrets de la Folie Bijoux may, if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS no later than (30) days from payment.

ARTICLE 7. PAYMENT

Section 7.1. Payment method

This is an order with payment obligation, which means that placing the order implies payment by the CLIENT.

To pay for his order, the CUSTOMER has, at his option, all the payment methods made available to him by Les Secrets de la Folie Bijoux and listed on the SITE.

The CUSTOMER guarantees to Les Secrets de la Folie Bijoux that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.

Payment of the price is made in full on the day of the order, according to the following methods: Bank card via Stripe; Bank card via Paypal; PayPal.

7.2. Payment date

In the event of a single payment by credit card via PayPal or Stripe, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

7.3. Late or Refused Payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the CUSTOMER service of Les Secrets de la Folie Bijoux (tourbillonmineral@gmail.com) in order to pay for the order by any other valid means of payment.

Les Secrets de la Folie Bijoux reserves the right to suspend any order management and any DELIVERY in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment.

Les Secrets de la Folie Bijoux specifically reserves the right to refuse to make a DELIVERY or to honor an order from a CUSTOMER who has not fully or partially paid a previous order or with whom a payment dispute is under administration.

Article 8. DELIVERY

Section 8.1. Availability of PRODUCTS - Reimbursement - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the SITE, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For DELIVERIES in Metropolitan France and Corsica, the shipping time is 1 to 3 days from the day following that on which the CUSTOMER placed his order, according to the following methods: Letter followed, Colissimo, Registered Letter. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For DELIVERIES in the DOM-TOM, the shipping time is 1 to 3 days from the day following that on which the CUSTOMER placed his order, according to the following methods: Letter followed. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For DELIVERIES in another country, the shipping time is 1 to 3 days from the day following that on which the CUSTOMER placed his order, according to the following terms: International Tracked Letter. At the latest, the deadline will be 30 working days after the conclusion of the contract.

In the event of non-compliance with the agreed DELIVERY date or deadline, the CUSTOMER must, before terminating the contract, instruct Les Secrets de la Folie Bijoux to execute it within a reasonable additional time.

In the absence of performance at the end of this new period, the CLIENT may freely terminate the contract.

The CLIENT must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered resolved upon receipt by Les Secrets de la Folie Bijoux of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.

The CUSTOMER may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, Les Secrets de la Folie Bijoux is required to reimburse the CLIENT for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the PRODUCT ordered, the CUSTOMER will be informed as soon as possible and will have the possibility of canceling his order. The CUSTOMER will then have the choice of requesting either the reimbursement of the sums paid within 14 days of their payment at the latest, or the exchange of the PRODUCT.

Section 8.2. Delivery Terms

DELIVERY means the transfer to the consumer of physical possession or control of the goods. The PRODUCTS ordered are delivered according to the terms and time specified above.

The PRODUCTS are delivered to the address indicated by the CLIENT on the order form, the CLIENT must ensure its accuracy. Any package returned to Les Secrets de la Folie Bijoux due to an incorrect or incomplete DELIVERY address will be reshipped at the CLIENT's expense.

The CUSTOMER may, at his request, obtain the sending of an invoice to the billing address and not to the DELIVERY address, by validating the option provided for this purpose on the order form.

If the CUSTOMER is absent on the day of DELIVERY, the delivery person will leave a notice in the mailbox, which will allow the parcel to be collected at the place and time indicated.

If at the time of DELIVERY, the original packaging is damaged, torn, opened, the CUSTOMER must then check the condition of the items. If they have been damaged, the CUSTOMER must imperatively refuse the parcel and note a reservation on the DELIVERY slip (parcel refused because opened or damaged). The CUSTOMER must indicate on the DELIVERY note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the DELIVERY (damage, missing product compared to the DELIVERY note, damaged package, broken PRODUCTS, etc.). This verification is considered to have been carried out once the CLIENT, or a person authorized by him, has signed the DELIVERY slip.

The CUSTOMER must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to Les Secrets de la Folie Bijoux at the address indicated in the legal notices of the SITE.

If the PRODUCTS need to be returned to Les Secrets de la Folie Bijoux they must be the subject of a return request to Les Secrets de la Folie Bijoux within 14 days of DELIVERY.

Any complaint made outside this period cannot be accepted.

The return of the PRODUCT can only be accepted for PRODUCTS in their original state (packaging, accessories, instructions, etc.).

Section 8.3. Delivery Errors

The CUSTOMER must formulate with Les Secrets de la Folie Bijoux on the same day of DELIVERY or at the latest on the first working day following DELIVERY, any complaint of error in DELIVERY and/or non-conformity of the PRODUCTS in kind or in quality with respect to the indications appearing on the order form. Any complaint made after this period will be rejected.

The complaint may be made, at the CLIENT's choice: by e-mail to the following address: tourbillonmineral@gmail.com

Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release Les Secrets de la Folie Bijoux of any liability vis-à-vis the CUSTOMER.

Upon receipt of the complaint, Les Secrets de la Folie Bijoux will assign an exchange number for the PRODUCT(s) concerned and communicate it by e-mail to the CUSTOMER. The exchange of a PRODUCT can only take place after the allocation of the exchange number.

In the event of a DELIVERY or exchange error, any PRODUCT to be exchanged or refunded must be returned to Les Secrets de la Folie Bijoux as a whole and in its original packaging, by Colissimo Recommandé, to the following address:

Mme Benito Charline – The Secrets of Jewelry Madness

Place called La Folie

03230 – BEAULON

FRANCE

The return costs are the responsibility of Les Secrets de la Folie Bijoux

ARTICLE 9. PRODUCT WARRANTY

Section 9.1. Legal Guarantee of Conformity

Les Secrets de la Folie Bijoux guarantees the conformity of the goods sold with the contract, allowing the CLIENT to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

– the CUSTOMER has a period of 2 years from delivery of the goods to act;

– the CUSTOMER can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code;

– the CUSTOMER does not have to provide proof of the non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following the delivery of the goods.

Section 9.2. Legal Guarantee Against Hidden Defects

In accordance with articles 1641 and following of the civil code, Les Secrets de la Folie Bijoux is responsible for hidden defects that may affect the property sold. It will be up to the CUSTOMER to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect. The CLIENT can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.

ARTICLE 10. RIGHT OF WITHDRAWAL

Section 10.1. Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of 14 days from the date of DELIVERY of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the CUSTOMER.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete PRODUCTS are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this SITE. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the CLIENT. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the PRODUCT(s) purchased is reimbursed and the DELIVERY costs are reimbursed.

Return costs are the responsibility of the CUSTOMER.

The exchange (subject to availability) or refund will be made within 8 days, and at the latest, within 14 days of receipt, by Les Secrets de la Folie Bijoux PRODUCTS returned by the CUSTOMER under the conditions set out above.

Section 10.2. Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • the supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods liable to deteriorate or expire rapidly;
  • supply of goods which have been unsealed by the consumer after DELIVERY and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • supply of alcoholic beverages whose DELIVERY is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after DELIVERY;
  • supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
  • supply of digital content not provided on a material medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.

ARTICLE 11. FORCE MAJEURE

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to CUSTOMERS.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these GCS may be terminated by the injured party.

ARTICLE 12. INTELLECTUAL PROPERTY

All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request authorization from Les Secrets de la Folie Bijoux in writing.

This authorization from Les Secrets de la Folie Bijoux will in no case be granted definitively. This link must be removed at the request of Les Secrets de la Folie Bijoux . Hypertext links to the SITE that use techniques such as framing or the insertion of hypertext links (in-line linking) are strictly prohibited.

Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the express prior authorization of Les Secrets de la Folie Bijoux , is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.

Acceptance of these T&Cs constitutes recognition by the CLIENT of the intellectual property rights of Le Tourbillon Minéral and a commitment to respect them.

ARTICLE 13. IT AND FREEDOMS

Les Secrets de la Folie Bijoux collects personal data about its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by Les Secrets de la Folie Bijoux are used to process orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from Les Secrets de la Folie Bijoux .

The CLIENT's data is kept confidential by Les Secrets de la Folie Bijoux for the needs of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to Les Secrets de la Folie Bijoux service providers. involved in the ordering process.

For commercial purposes, Les Secrets de la Folie Bijoux may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE.

Les Secrets de la Folie Bijoux will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting Les Secrets de la Folie Bijoux .

Les Secrets de la Folie Bijoux may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the seller ensures the does not enforce the rights of data subjects.

It is recalled that the CUSTOMER whose personal data is processed has the right to access, rectify, update, portability and delete information concerning him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15,16 and 17 of the European General Regulation on the Protection of Persons (GDPR). In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without charge.

The CUSTOMER may exercise these rights by sending an email to the address: lessecretsdelafolie@gmail.com or by sending a letter to: Mme Charline Benito – The Secrets of La Folie Bijoux / Place called La Folie / 03230 / Beaulon / France

ARTICLE 14. PARTIAL NON-VALIDATION

If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent jurisdiction, the other stipulations will retain their full force and scope.

ARTICLE 15. NON-WAIVER

The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question.

ARTICLE 16. LANGUAGE OF THE CONTRACT

These T&Cs 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 17. MEDIATION

The CUSTOMER may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, Les Secrets de la Folie Bijoux has set up a consumer mediation system. The chosen mediation entity is: CNPM – MEDIATION – CONSUMPTION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consumption.eu or by post by writing to CNPM – MEDIATION – CONSUMPTION – 27 Avenue de la Liberation 42400 SAINT-CHAMOND

European Ombudsman:

In accordance with article 14.1 of regulation (EU) n°524/2013 of the European parliament and of the council of 21 May 2013.

European mediation via the electronic link to the online dispute resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

Identification: lessecretsdelafolie@gmail.com

ARTICLE 18. APPLICABLE LAW

These T&Cs are subject to the application of French law.

In the event of a dispute or complaint, the CUSTOMER will first contact Les Secrets de la Folie Bijoux. to reach an amicable solution.

ARTICLE 19. PROTECTION OF PERSONAL DATA

Section 19.1. Data Collected

The personal data collected on this SITE are as follows:

Account opening: when creating the user's account, his first and last name; email address ; Phone Number ; address ;

Connection: when the user connects to the SITE, the latter records, in particular, his surname, first name, connection data, use, location and payment data;

Profile: the use of the services provided on the SITE makes it possible to fill in a profile, which may include an address and a TELEPHONE number;

Payment: as part of the payment for the PRODUCTS and services offered on the SITE, the latter records financial data relating to the user's bank account or credit card;

Communication: when the SITE is used to communicate with other members, the data concerning the user's communications are subject to temporary storage;

Cookies: cookies are used as part of the use of the SITE. The user has the option of disabling cookies from their browser settings.

Section 19.2. Use of Personal Data

The personal data collected from users is intended to provide the SITE services, improve them and maintain a secure environment.

Specifically, the uses are as follows:

  • access and use of the SITE by the user;
  • management of the operation and optimization of the SITE;
  • organization of the conditions of use of the Payment Services;
  • verification, identification and authentication of data transmitted by the user;
  • proposal to the user of the possibility of communicating with other users of the SITE;
  • implementation of user assistance;
  • 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 or malicious software) and management of security incidents;
  • management of any disputes with users;
  • Sending commercial and advertising information, based on user preferences.

Section 19.3. Sharing Personal Data With Third Parties

Personal data may be shared with third-party companies in the following cases:

  • when the user uses the payment services, for the implementation of these services, the SITE is in contact with third-party banking and financial companies with which it has signed contracts;
  • when the user publishes, in the free comment areas of the WEBSITE, information accessible to the public;
  • when the user authorizes the SITE of a third party to access his data;
  • when the SITE uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
  • if required by law, the SITE may carry out the transmission of data to respond to claims made against the WEBSITE and to comply with administrative and legal procedures;
  • if the WEBSITE is involved in a merger, acquisition, transfer of assets or receivership procedure, 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 the personal data is transferred to a third party.

Section 19.4. Security & Privacy

The SITE implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the SITE cannot guarantee the security of the transmission or storage of information on the Internet.

Section 19.5. Implementation of User Rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: lessecretsdelafolie@gmail.com .

The right of access: they can exercise their right of access, to know the personal data concerning them.

In this case, before the implementation of this right, the SITE may request proof of the user's identity in order to verify its accuracy.

The right of rectification: if the personal data held by the WEBSITE is inaccurate, they may request that the information be updated.

The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

The right to limit processing: users can ask the SITE to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.

The right to oppose the processing of data: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

The right to portability: they can request that the SITE give them the personal data provided to them in order to transmit them to a new SITE.

Section 19.6. Evolution of this Clause

The SITE reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the SITE undertakes to publish the new version on its SITE.

The SITE will also inform users of the change by e-mail, within a minimum period of 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, he has the option of deleting his account.

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)

To the attention of :

Mrs. Charline Benito – The Secrets of Jewelry Madness

1Place called La Folie

03230 – Beaulon

FRANCE

lessecretsdelafolie@gmail.com

I hereby notify you of my withdrawal from the contract relating to the sale of the product below:

Product reference:

Invoice number:

Purchase order number:

Ordered on: Received on:

Payment method used:

First and last name of the consumer and, where applicable, the beneficiary of the order:

Consumer's address:

Delivery address :

Date :

Signature of the consumer (except in the case of transmission by email):

Consumer Code

Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5: “The good complies with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has 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;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7: “The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials that he himself supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the buyer.

Article L. 217-10: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. 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 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “Recourse action may be exercised by the final seller against 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 guarantee means any contractual commitment by a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.

In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, 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 the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.”

Article L. 217-16: “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 repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

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.

Civil Code

Article 1641: “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 so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.