TERMS AND CONDITIONS OF SALE
BALLA BIJOUX, a simplified joint stock company with capital of €65,000, whose registered office is located at 20 Rue de la Petite Fusterie – 84000 AVIGNON, registered with the AVIGNON Trade and Companies Registry under number 952 548 428 (hereinafter referred to as “the Company” or “BALLA BIJOUX” or “BALLA BIJOUX” or “the Seller”), is engaged in the business of creating, manufacturing and selling costume jewelry and similar items.
It sells its products in boutiques at its head office address, or on the website www.ballabijoux.com (hereinafter referred to as “the Site”).
1. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE – ENFORCEABILITY
These General Terms and Conditions of Sale (GTCS) are intended to govern all contractual relations between the Company and its individual and professional customers via the Vendor’s Site.
They define the general conditions under which the Company undertakes to provide its services.
The General Terms and Conditions of Sale shall prevail over and replace any other agreements, commitments, declarations, promises, intentions, documentation or information previously made between the Parties. They shall prevail over specifically negotiated terms of purchase unless formally accepted in writing by the Seller.
In the absence of express acceptance, any condition to the contrary on the part of the Customer will be unenforceable against the Vendor, regardless of when it may have been brought to the Vendor’s attention.
The fact that the Vendor does not at a given time invoke any of the present GTC shall not be interpreted as a waiver of the right to invoke any of the said conditions at a later date.
The validation of any Order by an individual or professional Customer is strictly subject to the prior acceptance, without restriction or reservation, of all the terms and conditions of the GCS in force at the same time on the Site.
Acceptance is demonstrated by opening the GTC, reading them through to the end and clicking on “ACCEPT”. Acceptance will be achieved by a further click before finalizing the order on the words “I have read and accept, without restriction or reservation, the full terms and conditions applicable to my order”.
The GCS are accessible on the Site and are also sent to the Customer on a durable medium as an attachment to the Acknowledgement of Receipt.
As the GTC may be subject to subsequent modifications, the applicable version is that in force on the day the contract is concluded.
2. ORDERS
2.1 – Order terms
2.1.1 – Ordering on the Website
To place an order on the Site, the Customer accesses directly a specific Product indicating, the model, the essential characteristics, as well as the unit price at which this product is sold.
The customer places an order by clicking on the “add to basket” button.
After finalizing the selection of purchases, the Customer accesses the shopping cart via the shopping cart emoticon at the top right of the page.
A summary of your order will be displayed showing :
–
Item model, quantity attached and unit price
–
The total price of each model depends on the quantity ordered,
–
Total price excluding delivery charges,
You must then inform us of the place of delivery so that the calculation of delivery costs can be updated.
Then click on the “Confirm order” button.
You must then fill in all the billing information:
–
First and last name
–
Billing postal address
–
Phone number
–
E-mail address
–
Choose a password to create a customer account for tracking purposes.
These elements are mandatory for the proper processing of your orders.
You must then specify whether the billing address is different from the delivery address.
You will then be presented with a final order summary including :
–
Item model, quantity attached
–
The total price of each model depends on the quantity ordered,
–
The total price of the order, excluding delivery costs,
–
Delivery costs are calculated after entering the address.
–
The total net price to be paid.
You must then select either “credit card payment” or “Paypal payment” and click on the “order” button to access the payment phase.
Your customer account will be created at this point.
The order is finalized on receipt of the Acknowledgement of Receipt specifying, in particular, the quantity, model and characteristics of the products sold, as well as the agreed price, terms of payment, place and date of delivery or collection.
When an order is registered on the site, the Vendor immediately checks the availability of the products ordered to enable rapid dispatch. If the product is not available, the customer will be informed immediately. Either the delivery time will be postponed by agreement between the Parties, or the Customer will receive a full refund within 48 hours.
The benefit of the order is personal to the buyer and cannot be transferred without the seller’s agreement.
2.1.2 – Ordering “personalized” jewelry
The Customer may request the personalization of a piece of jewelry (engraving) by contacting the Seller by e-mail.
As not all products offered by BALLA BIJOUX can be customized, it is the Customer’s responsibility to contact the Company directly to obtain any useful information on customization possibilities.
Following his request, a quotation will be sent to him including :
–
Product details and customization elements,
–
The total price, including customization,
–
Delivery charges,
–
Delivery times,
–
The total net price to be paid.
Acceptance of the sale is made by returning the dated and signed quotation with the mention “bon pour accord” (“good for agreement”).
A payment link to the Payplug secure payment software will be sent to the contact email address.
The order is finalized upon receipt of the Acknowledgement of Receipt specifying, in particular, the quantity, model and characteristics of the products sold, as well as the agreed price, confirmation and terms of payment, and the place and date of delivery or collection.
Because of the choice of a personalized product, the Customer cannot benefit from the right of withdrawal provided for in article 7.1 hereof.
2.2 Product selection
Product selection is carried out by clicking on the “Add to basket” function after selecting the required quantity. This operation only has the effect of including the selected Product in the Customer’s basket and does not generate any obligation to purchase at this stage.
However, customers are informed that quantities may vary during their browsing time on the site, and that certain items may therefore become unavailable.
Once the Customer considers that the selection of his/her purchases is complete, he/she simply goes to the “Shopping Cart” section to check the correct selection of Products and quantities, and to see the total Price associated with his/her Order.
Before the final validation of the Order, the Customer can modify his basket at any time.
After validating the basket, entering the delivery address and selecting the payment method, the customer is invited to confirm the order by making payment. The effectiveness of this operation is subject to prior acceptance of these GTC, as indicated in article 1.
2.3 Site access
The Site is available to the Customer all year round, 7 days a week, 24 hours a day. Nevertheless, the Site may be subject to interruptions due to technical maintenance, servicing and updating operations that the Vendor deems appropriate.
The Customer acknowledges and accepts that the Vendor cannot be held responsible for any interruption of access due to
external events beyond its control, such as interruptions caused by its host, Internet service provider or the Customer, or an attack on its computer system by a third party, or a case of force majeure. In such cases, the Customer expressly waives any claim for compensation based on said interruptions or suspensions of access to the Site, regardless of the prejudice suffered.
3. ORDER MODIFICATION
The Customer may :
– Modify your order before delivery. Once the product has been sent, no further modifications will be accepted.
– Cancel the order or withdraw from the contract under the conditions set out herein.
4. PRICE
Products are supplied at the prices in force at the time the order is placed, expressed in euros and including the VAT applicable on the day the order is placed. Any change in the rate may be reflected in the price of products or services.
The price applicable is that in force on the day of delivery.
The Vendor may modify its prices at any time without these variations being abusive: The Customer is warned that the prices of Product Offers are likely to vary several times a day. The prices applied to an Order are those displayed on the Site at the same time as the final validation of the Order.
Unless otherwise agreed, prices are net, excluding transport, based on the rates communicated to the purchaser.
Any taxes, duties or other charges payable in application of French regulations or those of an importing or transit country are to be borne by the Customer.
The Vendor retains full ownership of the Products in an Order until the Price has been paid in full.
Payment is due immediately after validation of the Order.
5. PRODUCT
5.1 Product characteristics
The essential characteristics and prices of the Products are indicated in each Product Offer published on the Site. These elements constitute contractual information which bind the Vendor in the event of conclusion of the Contract with the Customer and subject to stock availability of the Products concerned.
However, the customer is informed that several elements may vary, particularly due to the “handmade” nature of each product:
1. The size indicated for the Product may fluctuate by a few millimetres, as may the size of each individual part of the Product.
2. Natural defects or irregularities may be observed in the Stones, as they are not synthetic.
5.2 Conformity of the Product to the Customer’s needs
The Customer acknowledges and accepts that the search for and selection of the Product(s) by him/her is his/her sole and entire responsibility. Due to the dematerialization of the Sales Site and the autonomy given to the Customer at the time of Ordering, the Vendor cannot be held responsible for any inadequacy of the Product ordered to the Customer’s needs.
It is the Customer’s responsibility to take note of all the Product Offers proposed by the Seller on its Site and to carry out the necessary research on the model selected and on the competition in order to evaluate the relevance, interest and adequacy of the Product Offer to its needs.
If the Customer places a personalized order by e-mail, he undertakes to indicate to the Vendor the terms of use he intends to apply to the Product.
6. DELIVERY
6.1 Terms and conditions
Delivery is made at the cost indicated in the shopping cart at the time of purchase. This delivery is carried out exclusively by La Poste under the exclusive responsibility of the Seller.
Consequently, the Seller bears the risk in the event of loss or theft of the package.
The Vendor thus remains the customer’s direct contact for any delivery problems via the contact address.
6.2 Deadlines
Delivery times are between 3 and 5 working days in France and 8 to 10 working days for international deliveries.
However, no guarantee can be given on this timeframe due to the outsourcing of Transport management. Packages may be delayed due to disruptions or incidents during transport.
However, if no Delivery has been made within 20 working days of receipt of the Customer’s payment, the Customer will be able to request a refund by simply cancelling the order.
6.3 Delivery terms
In the case of home delivery, the carrier will leave a calling card if the customer is absent. It is the Customer’s responsibility to contact the Carrier as soon as possible to collect the Products.
In the event of unjustified refusal of delivery by Customer Service, the parcel will be returned directly to the Seller. As a penalty clause, the Seller will retain the total sales price (including delivery costs).
6.4 Acceptance
If, on delivery, the external appearance of the parcel is not perfect, the customer must open it in the presence of the carrier in order to check the condition of the article. In the event of damage to the article, the customer will detail this precisely on the delivery note, with the legal warranties of conformity and specific warranties mentioned herein remaining applicable.
Without prejudice to the aforementioned provisions, complaints concerning apparent defects or non-conformity of the product delivered with the product ordered or with the dispatch note must be made in writing within two days of arrival of the products.
It is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed. The Customer shall allow the Vendor every opportunity to ascertain and remedy such defects.
He will refrain from intervening himself or having a third party intervene for this purpose.
7. CANCELLATION
7.1 Terms and conditions
The customer has 14 clear days to return the ordered products at his own expense. The period begins on the day of delivery.
Products must be returned in their original packaging, unused and undamaged.
The right of withdrawal must be express and cannot be tacit.
The Customer must therefore inform BALLA BIJOUX of his or her unambiguous intention to withdraw by means of a registered letter sent to the following address: BALLA BIJOUX, 20 Rue de la Petite Fusterie – 84000 AVIGNON – Tel : 06.71.62.39.29
To this end, the customer may use the withdrawal form appended to these GTC.
The Customer is nevertheless informed that the burden of proof for sending this right of withdrawal is placed on him/her by French law. You are strongly encouraged to exercise this right by registered letter with acknowledgement of receipt.
The Customer must contact Customer Service, via the e-mail address contact@ballabijoux.com present on the site, of the return of the goods with the references of the sending so that the Salesman can follow the parcel and attach it to the Customer. However, the Customer is clearly informed that the simple return of packages or refusal of delivery does not in itself constitute the exercise of the right of withdrawal if it is not accompanied by the paper declaration.
The 14-day refund period will begin to run from either the date of receipt of the proof of dispatch by Customer Service, or the date on which the Products are actually collected by the Seller.
If items have been used or damaged, they will not be refunded.
7.2 Customized products
The Vendor offers the Customer the possibility of customizing Products.
The Customer is hereby informed that in the case of a customized order, for which a quotation is made to measure, the right of withdrawal will not be effective in accordance with the provisions of article L.121-21-8, 3° of the French Commercial Code.
8. GUARANTEES
8.1 Limitations
The Customer orders under his sole responsibility and must therefore ensure the conformity of the Products ordered.
The Customer is also required to comply with the instructions and recommendations of the manufacturers of the Products ordered.
In any case, none of the warranties stipulated in the present article takes into account a defect unrelated to the Product itself at the time of its Delivery. This includes defects due to normal wear and tear or improper use.
The Warranties granted herein are the legal warranties in such matters.
8.2 Warranty of conformity
The Vendor is under an obligation to deliver the Products in conformity and is therefore liable for any defects in conformity existing at the time of delivery and for any defects in conformity resulting from the packaging. This warranty is granted to consumers only.
The Customer’s attention is drawn to the fact that this warranty is limited in accordance with article 5.1 hereof.
8.3 Scope
In accordance with consumer law, in the event of a lack of conformity, the consumer customer may choose between repair and replacement of the Product. Nevertheless, the Vendor may waive this choice if this would entail a cost that would be manifestly disproportionate to the choices offered and/or to the market value of the Product offered or to the extent of the defect preventing repair. Except in such cases, the Vendor is bound to follow the Customer’s wishes.
In the event that the repair and replacement of the Product cannot be carried out, the Consumer Customer may return the Product and have the Price refunded or keep the Product and have part of the Price refunded. These solutions are also open to him if the solutions proposed by the Seller cannot be implemented within ONE (1) month of the Consumer Customer’s complaint or if this causes significant prejudice to the Consumer Customer in consideration of the nature of the Product and the use he wishes to make of it.
These solutions will be free of charge for the Consumer Customer.
9. PAYMENT
Payment is due immediately upon placing the Order.
In the case of orders placed by e-mail or telephone (particularly personalized jewelry), the Vendor reserves the right to cancel the order in the absence of Effective Payment within TWENTY-FOUR HOURS (24h) of the Order being validated.
The customer can pay for his order by the following means of payment:
– Credit card (processed by Payplug software),
– Paypal via an account on the platform.
The Customer assumes the consequences of any input error during the payment procedure and of any anomaly or malfunction of the means of payment.
After each payment, the Customer receives an e-mail confirming payment, in addition to a summary of the Order and a copy of the General Terms and Conditions of Sale, which the Customer has previously accepted.
9.1 Secure payment methods
The entire payment process between the Customer and the Seller is carried out via a fully encrypted and protected payment system.
Payplug holds all PCI-DSS certificates guaranteeing bank data security.
This means that order information and credit card numbers do not circulate unencrypted on the Internet. The credit card number is not printed on any paper, invoice, receipt or other physical or dematerialized listing. BALLA BIJOUX has no knowledge of credit card numbers and does not retain card numbers after transmitting the payment transaction to the merchant’s bank. Thus, no one has computerized or printed access to buyers’ credit card details. The risk of having your credit card number pirated via the ballabijoux.com website is virtually nil.
Payments made via the PAYPAL platform are secured by the 3D-secure protocol.
Customers using this payment method must have an account with this service provider. The Vendor has no legal link with this service provider and therefore has no access to the information held by the latter.
9.2 Liability
The Customer acknowledges and accepts that the payment system is carried out by external service providers and that the Vendor cannot therefore be held liable for any breach of security in the payment systems.
10. TERMINATION
Either party may terminate the contract if the other party fails to meet its obligations.
A formal notice to cease the breach must be sent by registered letter with acknowledgement of receipt. If the other party fails to comply with its obligations within the period specified in the formal notice, which may not be less than 15 days, the contract will be automatically terminated by sending a simple registered letter of termination.
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present agreement will be validly put in default by the mere payability of the obligation, in accordance with the provisions of article 1344 of the French Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination having found their utility as and when the mutual performance thereof, they will not give rise to restitution for the period prior to the last service not having received its counterpart.
In any event, the injured party may apply to the courts for damages.
10. FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, is due to force majeure, as defined in article 1218 of the French Civil Code.
The Party recording the event must immediately inform the other Party of its inability to perform its obligation and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed thirty days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible.
To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a period of thirty days, the present parties will be purely and simply released from their respective obligations.
During this suspension, the Parties agree that the costs generated by the situation will be shared equally.
In the event of a pandemic or epidemic leading to an administrative ban on carrying on business, the Company will no longer be bound by the deadlines specified in the quotation, and the parties may terminate the contract if the conditions of impediment set out in this article are met.
11. EXCEPTION OF NON-PERFORMANCE
Pursuant to article 1219 of the French Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its obligation and if such non-performance is sufficiently serious, i.e. likely to jeopardize the continuation of the contract or fundamentally upset its economic equilibrium.
The suspension of performance will take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to this effect by the Party suffering the default, indicating the intention to apply the exception of non-performance for as long as the defaulting Party has not remedied the default noted, served by registered letter with acknowledgement of receipt or on any other durable written medium providing proof of posting.
This exception may also be used as a preventive measure, in accordance with the provisions of article 1220 of the French Civil Code, if it is clear that one of the Parties will not perform its obligations on the due date, and that the consequences of such non-performance are sufficiently serious for the Party suffering the default.
This option is used at the risk and peril of the Party taking the initiative.
The suspension of performance will take effect immediately upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until such time as the Party presumed to be in default performs the obligation in respect of which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of dispatch.
However, if the impediment is definitive or persists beyond 30 days from the date on which the impediment is noted by registered letter with acknowledgement of receipt, the present contract will be purely and simply terminated.
12. INTELLECTUAL PROPERTY
All content on the Site that may be subject to intellectual property rights (trademarks, logos, images, videos, texts, databases, etc.) are and remain the exclusive property of the Vendor or its partners.
It is therefore strictly forbidden to make unlawful use of these contents (by unauthorized distribution or reproduction), on pain of being subject to actions for infringement or unfair competition.
13. PERSONAL DATA
The Site collects personal data in a number of ways. To this end, the Customer receives a copy of the personal data charter accessible on the Site under the heading “Data protection”.
14. ALL CONTRACTUAL DOCUMENTS
The Contract consists of these GCS, the Acknowledgement of Receipt confirming the order and the Delivery Note.
All the above contractual documents represent the entirety of the commitments existing between the Parties. These contractual documents replace and cancel any previous oral or written commitment relating to the Sale.
15. AUTONOMY OF CLAUSES
Should one or more clauses be declared null and void, unwritten or unenforceable, only that clause shall be null and void, and not the entire agreement, except where otherwise provided by law.
16. TOLERANCES
The fact that one of the Parties does not avail itself of a breach of the present Agreement shall not be construed as a waiver of its right to require compliance with the present Agreement.
17. LANGUAGE – APPLICABLE LAW
These General Terms and Conditions of Sale and the transactions arising therefrom between the Service Provider and the Customer are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French.
Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
18. TERRITORIAL JURISDICTION AND AMICABLE SETTLEMENT
All disputes arising from orders placed in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, resolution, consequences and consequences, and which cannot be resolved amicably between the Company and the Customer, shall be submitted to the competent courts under the conditions of common law.
As part of the amicable resolution of disputes and in accordance with articles L.612-1 et seq. of the French Consumer Code, the consumer customer may have recourse to mediation by contacting MEDICYS 73, boulevard de Clichy -75009 PARIS Tél.0149701593 and its e-mediation platform: www.medicys.fr.
The Customer may also refer the matter to the “Online Dispute Resolution” (ODR) platform of the European Commission, which can be accessed at the following address: Online Dispute Resolution.
19. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a clear and comprehensible manner, with these 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 Service ;
– Conditions of the customer’s right of withdrawal;
– Information relating to the identity of BALLA BIJOUX, its postal address, telephone number and
and its activities, if they do not fall within the context ;
– Information on legal warranties and how to make use of them;
– The possibility of resorting to conventional mediation in the event of a dispute.
20. CUSTOMER ACCEPTANCE
The fact that a person places an order with the Company 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 invoke any contradictory document, which would be unenforceable against BALLA BIJOUX.
APPENDIX 1: EXCERPTS FROM THE CONSUMER CODE
FOR NON-BUSINESS CUSTOMERS ONLY
Article L. 221-8: “In the case of a contract concluded off-premises, the professional provides the consumer, on paper or, subject to the consumer’s agreement, on another durable medium, with the information specified in article L. 221-5.
This information is written in a legible and comprehensible manner. ”
Article L. 221-9: “The professional provides the consumer with a dated copy of the contract concluded off-premises, on paper signed by the parties or, with the consumer’s agreement, on another durable medium, confirming the express commitment of the parties.
This contract includes all the information specified in article L. 221-5.
Where applicable, the contract mentions the consumer’s express agreement to the supply of digital content independent of any material support before the expiration of the withdrawal period and, in this case, the consumer’s waiver of the right to withdraw.
The contract is accompanied by the standard withdrawal form mentioned in 2° of article L. 221-5. ”
Article L. 221-10: “The professional may not receive any payment or consideration, in any form whatsoever, from the consumer before the expiry of a period of seven days from the conclusion of the off-premises contract.
However, the provisions of the first paragraph do not apply to :
1° Subscription at home to a daily or similar publication, within the meaning of article 39 bis of the French General Tax Code;
2° Successive performance contracts, entered into under the conditions set out in this chapter and offered by an approved organization or under a decision by the administrative authority, the purpose of which is to provide the services referred to in article L. 7231-1 of the French Labor Code;
3° Contracts concluded during meetings organized by the seller at his home or at the home of a consumer who has previously and expressly agreed to this operation taking place at his home;
4° Contracts for maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency.
For the contracts mentioned in 1° and 2°, the consumer has the right to cancel the contract at any time without notice, costs or compensation, and the right to reimbursement, within fifteen days, of sums paid in proportion to the remaining term of the contract. ”
Article L. 221-18: “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give reasons for his decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day :
1° On conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For off-premises contracts, consumers can exercise their right of withdrawal from the moment the contract is concluded.
In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good. ”
APPENDIX 2: WITHDRAWAL FORM
French Consumer Code, articles L. 221-5 to L. 221-10 and L. 221-18 to L. 221-28
Please complete and return this form by registered mail only if you wish to cancel your order placed with BALLA BIJOUX – except for exclusions or limitations to the exercise of the right of cancellation according to the applicable General Terms and Conditions of Sale.
To the attention of BALLA BIJOUX, 20 Rue de la Petite Fusterie – 84000 AVIGNON.
I hereby notify you of my withdrawal from the contract for the sale of the following Services:
Order from __________________________/ Accepted on ____________________________
Order number : ____________________________
Customer name(s): ______________________________________
Customer(s) address: ________________________________
Date : ______________________________________
Location: ______________________________________
First name, surname and signature of customer(s) :
APPENDIX 3: Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the regulation of the protection of personal data.
Links : The General Data Protection Regulation – RGPD | CNIL
L_2018127FR.01000201.xml (europa.eu)
