TERMS OF SALES

The purpose of these conditions is to set the terms concerning all transactions carried out on the site www.claireberteau.com . Claire Berteau sells costume jewelry (hereinafter referred to as “The Products”) to her customers on her website www.claireberteau.com (hereinafter referred to as “the Site”).

CB AND CIE is a simplified joint stock company with a single shareholder registered in the Bordeaux Trade and Companies Register under number 833 641 251 and whose head office is located at 2, allée des Seychelles 33600 Pessac; tel: 0679805671; email: contact@claireberteau.com . (Hereinafter “CB AND CIE).

Acceptance of these general conditions of sale (“GTC”) implies the Customer’s full and unreserved acceptance of these GTC.

All orders on the Site are subject to these General Terms and Conditions. These are subject to modifications and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order. The General Conditions of Sale are subject to French law, unless mandatory provisions to the contrary arise from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.

• 1. Object

These General Terms and Conditions exclusively govern sales made on the website of products offered to buyers having the status of consumers (hereinafter the “Customer(s)) on the Site and specify the conditions of order, payment, delivery and management of possible returns of products ordered by Customers.

The General Terms and Conditions are made available to Customers on the Site where they can be directly consulted.

The General Conditions of Sale are enforceable against the Customer who declares having read them and accepted them by checking the box “I accept the General Conditions of Sale” before implementing the online ordering procedure.

• 2:Customer

The customer of the Site must be a consumer, an adult natural person and legally capable. The customer must, when placing their first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that their product order can be taken into account by CB and CIE.

The information communicated to CB and CIE as part of the opening of its customer account or during each of its orders must be complete, accurate and up to date.

CB and CIE may, if necessary, ask the customer for confirmation - by any means - of this information and their identity.

Given the commercial policy described above, CB and CIE reserves the right not to follow up on orders originating from subjects which differ from the “Customer” or on orders that do not comply with its commercial policy.

• 3:Products

The essential characteristics of the Products are presented on the Site inside each of the product sheets.

If the Client has any questions, he can contact CB and CIE by telephone at 0973732363 or by email at: contact@claireberteau.com

The images and colors of the products offered for sale on the site may, however, not correspond to the actual colors due to the effect of the Internet browser and the screen used.

Concerning personalized products, the customer acknowledges that he is simply “personalizing” a product created by CB and CIE and that this “personalization” does not involve any creative effort. All intellectual property rights relating to the personalized product belong exclusively to CB and CIE

It is however agreed, as a precondition for any sale of personalized product that the customer undertakes, in the event of creation on his part to transfer, where applicable, under the legal guarantees to claireberteau.com: the model, including the drawings , plans, product specifications possibly created by the Customer on the site www.claireberteau.com and all copyrights attached to it.

The transfer includes the transfer of exclusive rights:

1. a) to manufacture, reproduce, distribute and/or sell the products or derivatives of the model or designs
2. b) to grant any license or sublicense for any purpose listed above,

CB and CIE considers that by validating the General Terms and Conditions, the Customer has duly read the conditions for the transfer of rights resulting from “its personalization” and accepts them without reservation. If the Customer transmits a personal design or personalizes the product by adding text, he assures the site that the text and/or the chosen design are free from third party rights. In the case of possible violations of copyright, personality or law, these are entirely the responsibility of the Customer and the latter will alone assume any possible legal consequences.

If CB and CIE were prosecuted on this charge, the client undertakes to indemnify CB and CIE against any conviction which could result therefrom.

• 4: Order

Orders are exclusively received on the Internet after acceptance of these General Terms and Conditions.
Data relating to orders is kept on reliable and durable computer media. They are considered proof of the contractual relations between the parties in the same way as any document established, received or kept in writing.

4.1 Registering an order:

The customer interested in an item visible on the site orders directly via the site: www.claireberteau.com
The customer who places his order directly on the site http://www. www.claireberteau.com must follow the following procedure:

- The customer will choose the different products in which he is interested and successively click on the “Add to my basket” link.

At any time he will have the possibility:

• To obtain a summary of the selected products by clicking on the “My basket” link
• Continue shopping by clicking on the “Continue shopping” link
• Complete your selection and place the order by clicking on the “Payment” link
  The customer must complete a form containing the following information: title, surname, first name, full delivery address, e-mail and telephone number. It then specifies the chosen delivery method. Then an order form will appear summarizing: the nature, quantity and price of the products selected by the user, as well as the chosen payment method, the user's contact details and the delivery address of the package.
• The customer declares to be 18 years old or, failing that, to have parental authorization allowing them to place the order on the site.

4.2 - Validation of the order:

After having read the status of their order, and once all the requested information has been completed by the customer, they will click on “Validate” to definitively confirm their order. After having validated his payment method, the customer definitively and irrevocably validates his order with the effects indicated below.

• Payment by credit card via STRIPE or via PAYPAL:

The customer validates his address, the product(s) and the total price. The customer must provide their bank card number, its expiry date as well as the cryptogram number (3-digit number appearing on the back of the bank card). An authentication code may be requested by your banking institution.

In all cases, whatever the payment method chosen by the customer, CB and CIE will acknowledge receipt of the order upon validation by email or by any other means at its convenience, in accordance with the provisions of article L121-19 of the consumer code.
As part of our policy to combat fraud and identity theft, a photocopy of an identity document, as well as proof of address (EDF invoice or other) may be requested from the customer. While waiting for these documents, the order will be "under validation". Please provide us with the requested parts within 10 days to ensure rapid processing of your order.

The authorized minor undertakes to inform the parental authority of the collection of their personal data, who may object to their conservation and/or transmission to third parties.

• 5: Payment and security

When paying for your order, you will be offered several payment method choices.

Payment will be made, unless the server is unavailable, immediately on the Internet by credit card (Blue, Visa, Eurocard/Mastercard), or by Paypal.

However, in accordance with article L. 122-1 of the Consumer Code, CB and CIE reserves the right to refuse any order or delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorization for payment by bank card from banking organizations, non-payment or partial payment, use of a Bank Card not issued by a French financial institution. CB and CIE cannot be held liable in this respect under any circumstances. In the event that the customer's bank account is not denominated in euros, the total amount to be paid is calculated according to the exchange rate of the day practiced by the customer's banking establishment.

For any amount greater than one hundred and twenty euros, in accordance with article L.134-2 of the Consumer Code, CB and CIE will archive proof of the written execution of the sale on paper or electronic media during the deadlines. applicable laws. The customer has access to this document at any time, upon request made to CB and CIE by attaching proof of his identity.

The Products remain the full property of the company CB and CIE until full payment of the price of each order by CB and CIE.

Cards bearing the symbol “CB” and/or bearing the VISA or EuroCard or MasterCard brand accepted in France and e-bank cards can be used.

For payment by credit card, the site http://www.claireberteau.com guarantees you perfect payment security thanks to the STRIPE system: one of the references in secure payment on the Internet.

Authentication methods are specific to each bank.

Since the end of 2010, under the leadership of the Banque de France, all French banks have equipped their holders with a strong authentication method. If a holder does not have an authentication code, he must contact his bank.

The site http://www.claireberteau.com reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a dispute payment would be being administered.

• 6: Delivery, deadlines and reception

The customer is solely responsible for a delivery failure due to a lack of information when placing the order.

The Products are delivered to the delivery address indicated on the order form.

The package is delivered according to the shipping method chosen by the Customer and is given to the recipient (depending on the delivery method, ((tracking, signature, etc.)) to the delivery address indicated during the order procedure.

No delivery can be made to a hotel or post office box address.

CB and CIE undertakes to ship all orders placed before noon the same day (on working days only). However, during busy periods such as Christmas or Valentine's Day, CB and CIE reserves the right to extend the shipping time to 72 hours.

6.1 – Delivery method and times

From the time the order is shipped, the average delivery times are as follows:

24 hours to 7 days by letter followed;

2 to 5 working days by Colissimo;

It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.

Any reservations concerning the delivery and receipt of the products must be reported to the carrier within the legal deadlines.

In the event of justified refusal of a package or delivery error or non-compliance of a Product under the conditions referred to above, CB and CIE will proceed, at its discretion, either to reimburse the Product(s). s) concerned within 14 days or upon reshipment of the missing Product(s).

CB and CIE reserves the right, at its own expense, to ask the Internet user to return the Product(s) delivered in error and/or damaged in their original packaging.

• 7: Warranty

Independently of any commercial guarantee that may be granted by CB and CIE to the Customer, all products supplied by CB and CIE benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1648 of the Civil Code.

Under these guarantees, CB and CIE undertakes, at the Customer's choice, to reimburse or exchange defective products or products that do not correspond to their order.

Articles L. 211-4, L. 211-5, L.211-7, L. 211-12 and L.212-13 of the Consumer Code relating to the legal guarantee of conformity:

• Article L211-4 of the Consumer Code:

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

• Article L211-5 of the Consumer Code:

“To comply with the contract, the property must:

1° Be suitable for the use usually expected of similar goods and, where applicable:

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

• Article L211-7 of the Consumer Code:

“Defects in conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

• Article L211-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

• Article L211-13 of the Consumer Code:

“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 which is available to him. recognized by law.

Articles 1641 and 1648, paragraph 1 of the Civil Code relating to the legal guarantee against hidden defects:

Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it not acquired, or would have given only a lower price, if he had known them. »

Article 1648, paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

To benefit from the guarantee, the Customer must contact CB and CIE Customer Service by following the following steps:

1. Bring the order number and reference of the item concerned (this information is indicated on your purchase invoice);
2. Send the request for support to CB and CIE Customer Service by email to the following address: serviceclient@claireberteau.com

In order to ensure rapid and high-quality processing of the warranty request, the Customer will specify his contact details, his order number and the reference of the article concerned and will detail as much as possible the problem encountered and, as far as possible, will attach email a photograph of the product defect.

• 8: Withdrawal and return method

In accordance with the provisions of articles L 221-18 et seq. of the Consumer Code, the Customer may discretionarily cancel his order without giving any reason. To do this, he has the right to withdraw. He may exercise it (or a third party designated by him with the exception of the carrier) within 14 days from receipt of the Product.

When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

To simplify the exercise of the right of withdrawal, CB and CIE asks customers to notify them by any means. On this occasion, the customer will be able to specify whether he wishes a refund or in special cases a credit.

The customer will also have the possibility to contact customer service by e-mail: serviceclient @claireberteau.com or by telephone on 06 79 80 56 71 for any additional information.

The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice and a note of explanation recalling the customer's contact details as well as their desire to receive a refund or a credit, to the next address :

CB and CIE

2, Seychelles avenue

33600 Pessac

Shipping costs related to the return of products remain the responsibility of the customer unless the product received does not conform or presents a manufacturing defect.

CB and CIE strongly advises its Customers to return products by Colissimo or Lettre Max. The Customer also has the possibility of choosing the carrier of his choice. It is therefore recommended to provide proof of this return, which requires that the Products are returned with package tracking, or by any other means giving a certain date.

Any customs fees related to returning the product from a foreign country are also the responsibility of the customer.

Regarding returns of personalized products: Article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).

• 9: Effect of the contract

The contract produces all its effects upon its conclusion and cannot be terminated unilaterally by either party, unless the Client uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.

• 10: Intellectual property

The Customer acknowledges that the CB and CIE Products and the distinctive signs (image, photographs, packaging, product names, etc.) are the exclusive property of CB and CIE.

The Customer is prohibited from any act of reproduction or use of product models, packaging, brands or distinctive signs, inventions, techniques or know-how used by CB and CIE, as well as any act tending to the appropriation of these elements. , whether or not they are the subject of protection by CB and CIE by a patent, trademark, registered design or copyright.

Consequently, any reproduction not authorized by CB and CIE will be the subject of an infringement subject to legal action.

• 11: Computing and freedom

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.

The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at the address service @claireberteau.com

• 12: Liability, Dispute Resolution and Applicable Law

CB and CIE cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Sales concluded with CB and CIE via the website www.claireberteau.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.