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The present general conditions of sale apply between :
The company Art B. J. SAS, a Société par Actions Simpliﬁée with a share capital of €100,000, registered with the Chamber of Trade and Industry under SIRET number 44091295400011, intra-community VAT number FR23 440912954, whose registered office is located at Domaine des Rosées lieu dit: Planche 18170 LOYE SUR ARNON (hereinafter referred to as Art B. J.)
Any natural person of age acting exclusively within the strict framework of his personal needs who consults the website www.temprecieux.eu or makes a purchase from Art B. J . We ask that you read the Agreement (as deﬁned below) carefully before place any order with Art B. J. to the extent that this Agreement affects Your rights and obligations. The placing of any order implies knowledge and irrevocable agreement of Your share of the Contract. If You do not agree with any of these provisions, You are not authorized to place orders.
Article 1 - General Provisions
1.1 Useful contact information
If you wish to contact us, our coordinates are as follows
- telephone number: 0248633636 from metropolitan France (or at
+33248633636 for international calls) from Monday to Friday from 9am to 5pm (French time).
- Email : email@example.com
1.2 Scope of the Contract
All purchases made from Art B. J. are expressly and exclusively governed by the Terms, and any other terms and conditions published or otherwise referenced on the Site from time to time (together, the "Agreement"). Please note that the Terms prevail, in case of contradiction and unless otherwise expressly provided, over any other terms and conditions mentioned in the above section.
1.3 Contract Modiﬁcations
The Agreement may be revised, updated or otherwise modified at any time, in whole or in part, it being specified that when You place an order on the Site, the applicable Terms are those in effect on the Site on the date Your order is placed.
Article 2 - Price & Payment
2.1 The prices of Our products are indicated in euros, all taxes included. The price of deliveries outside metropolitan France is indicated, either on our Site at the time of the order in the case where the place of delivery is included in the options proposed, or by telephone or by e-mail to our Company for all other destinations.
2.2 For any order to a country other than France, You are the importer of the product(s) ordered. For all products shipped outside the European Union, the price will be calculated exclusive of taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be due. These rights and sums are not of Our spring and do not concern Our responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the competent authorities and/or organizations. We advise You to contact the appropriate authorities in your country.
2.3 An invoice for Your order will be issued and sent to You upon receipt by Us (see Article 3.2.3 below).
2.4 For an order of more than 3000€, a deposit of 30% of the totality will be required at the time of the order and the remaining 70% are to be paid at the reception of the confirmation of forwarding.
2.5 Art B. J. reserves the right to modiﬁer its prices at any time and without notice, subject to Article 1.3 above. The products already ordered will remain invoiced on the basis of the rates in effect at the time Your order is registered.
2.6 You can make the payment of your orders:
(I) by credit card (Visa, MasterCard, American Express or Carte Bleue): The online payment is deferred: the bank debit will be made on the customer's bank account only after confirmation of shipment of the order.
(I) by PayPal
2.7 Products placed in your shopping cart will always reﬂet the most recent price displayed on your product description page. It is possible that this price may vary from to the price that was displayed for the same product when you placed the product in your shopping cart in the first place. Placing a product in your cart does not ensure that its price will remain ito the one that was his at the time you put the product in the basket of purchase. However, it is also possible that the price of the product you have selected is lower at checkout than when you selected it.
2.8 The information and in particular the prices that are afﬁcated on the website may be erroneous due to system or typographical errors. While we make every effort to avoid such errors, they may exist. We do not honor orders resulting from incorrect information or pricing. If the afﬁcated price is lower than the actual price of the product, we will contact you by email to either cancel the order or give you instructions on how to pay the price difference. We apologize for the inconvenience, please feel free to contact us with any questions related to this issue. The prices of our products are not negotiable.
Article 3 - Order, products and delivery
3.1 Conditions for placing an order
- be at least 18 years of age and have the legal capacity to place and fulfill any order or have parental permission to place and fulfill any order and be able to provide proof of this at any time upon Our request;
- be a natural person acting within the framework of your personal needs (in particular in the sense that any order that You place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 Procurement methods
You can choose to place your order:
- directly on the Site; or
- by phone to our customer consultants at 02 48 63 36 36 from metropolitan France (or +33 2 48 63 3636 for international), from Monday to Friday from 9am to 5pm (French time).
3.2.2 Specific provisions applicable to placing an order on the Site
We will only acknowledge receipt of Your order if You comply with all the data requested, namely:
- Your first and last name ;
- Your contact information (phone and email);
- Your precise billing address (for security reasons, We ask that the billing address be the one registered by the institution that issued your credit card, aﬁn order to protect You from possible fraudulent use);
- Your precise delivery address (P.O. boxes are not accepted) ;
- Your method of payment.
3.2.3 Receipt of Your order
As soon as Your order is registered (by telephone or on the Site) and within a maximum of 2 (two) working days from this registration, We will acknowledge receipt of Your order and inform You of this. Art B. J. is only bound by the order as of the sending of this acknowledgement of receipt. Art B. J reserves the right to refuse, without responsibility of its share, any order concerning a User, on just reason, in particular if there is a doubt or a litigation relating to the payment of a preceding order.
3.2.4 Modiﬁcations of Your order
Modiﬁcations by Us in case of unavailability of the ordered product:
Our product offers and their prices are valid within the limits of available products. If some of the products that You have ordered are no longer available, We undertake to substitute them with products of at least equal or superior quality without modiﬁering the price of Your order. We will inform You as soon as We are aware of this unavailability, and if necessary, We will inform You of the new delivery date. In any case, You will have the possibility to cancel Your order.
We also reserve the right to cancel all or part of an order in the event of default by one of our suppliers or in the event of force majeure. We will notify You as soon as We are aware of this and will proceed to the reimbursement of any sum that You would have already paid to Us in relation to the cancelled order or part of an order. In all cases, We will contact You as soon as possible to propose various possible options.
3.2.5 Promotional operations
Our promotional offers are valid within the limits of available products.
See our SHIPPING page for shipping costs
We will inform you by email when your items are sent.
If you have any questions regarding the information below, please contact our Customer Service Department:
- our identity (name, telephone number, registered office), delivery charges, payment, delivery or execution terms ;
- the conditions and procedures for exercising the right of withdrawal;
- the address where You can file Your eventual claims;
- the guarantees which You have after the delivery;
- the expected shipping date of Your order and the delivery date
3.3.2 Place of delivery
The products are delivered to the delivery address that You indicated during the ordering process.
3.3.3 Delivery times
Depending on the manufacturing, processing, shipping and/or delivery times (which We will inform You of upon receipt of Your order), the products ordered will be delivered within a minimum of one week from the time Your order is registered (see section 3.2.3 above). The delivery will be considered as having taken place on the date of the first presentation of the products at the delivery address indicated.
3.3.4 Delayed delivery
We will keep You informed of any delay in shipping that We become aware of.
If You order several products at the same time and only some of them are delayed, We may split the shipments. In this case, we will notify you of the arrangements we intend to make prior to the start of the delivery.
3.3.5 Comments on the delivery or products delivered
You must imperatively verify the packages and the products upon delivery. If You have any reservation or observation justiﬁant that the products be returned to us, You must proceed as indicated in Article 4 below.
3.3.6 Property - Risks
The transfer of property on the products takes place as from the complete payment of the price. The transfer of the risks on the products takes place with the delivery of the products.
3.4 Product Manufacturing
3.4.1 Art B. J. makes every effort to ensure that our online catalog is as accurate and correct as possible. In order for you to see the details of some products, they may appear larger than they actually are. To the extent that each computer is conﬁgured differently, their color may also vary.
3.4.2 Our goal is to give you as much information and detail as necessary so that you feel like you know your product before you even have it in your possession. The afﬁché weight of the stone may, however, vary by 0.1 carat from the actual weight of the same stone. Because our manufacturing is handmade, it is possible that some of the measurements shown on our product pages may differ slightly from the actual product you will receive.
Article 4 - Returns
4.1 Right of withdrawal
Pursuant to the provisions of Article L. 121-20 of the French Consumer Code, You have a period of 14 (fourteen) clear days from the date of receipt of the products to exercise Your right of withdrawal, without any justiﬁcation or penalties (with the exception of Your responsibility for the cost of return).
We will refund You no later than thirty (30) days following the date on which your right of withdrawal was exercised.
However, because of their extensive personalization, engraved jewelry does not give the right of withdrawal, again under Article L. 121-20 of the Consumer Code.
4.2 Satisfied or refunded
Beyond the above-mentioned right of withdrawal and up to thirty (30) days after the date of delivery (cf. 3.3.3.), We give You the possibility to return the ordered products that do not give You complete satisfaction for reimbursement, exchange or resizing.
to do so, You must imperatively inform Art B. J.'s customer service department by e-mail or telephone (see article 1.1 above), in order to obtain a special return code. J. customer service by mail or by phone (see article 1.1 above), in particular to obtain a special return code, of Your decision before returning the products to Us, to indicate the reason for Your return and to follow exactly the return process that we will indicate to You.
- If You return the products to Us for resizing or exchange, the return shipping costs remain at Your expense and the new shipping costs will be paid by Art B. J. upon receipt of the resized or exchanged products, You will no longer be entitled to the provisions of Articles 4.1 and/or 4.2 above; the resizing period is six weeks maximum.
- If You return the products to Us for reimbursement, the return costs remain at Your expense; We will reimburse You for the price corresponding to the value of the products no later than thirty (30) days following the date on which Your return was accepted by Art B.J., as indicated in Article 4.3 below.
4.3 Conditions for accepting returns
The returns provided for in articles 4.1 and 4.2 above will only be accepted by Art B. J. and will be refunded or exchanged only if :
(I) the return process described by our consultants and on our website has been followed;
(II) the products are returned to us in their original packaging, complete (original certiﬁcat provided if applicable, accessories, packaging, including gift box, case, notices...), in perfect condition and accompanied by a copy of the original purchase invoice; thus, items returned incomplete, damaged or soiled will not be taken back under any circumstances; it is specified that some special products are not returnable. They are then clearly presented as such to the customer at the time of the order.
(III) Our specialists conﬁrm that the mount and stone, or any other component of the product, are in conformity with the product sent to You, without damage, modiﬁcation, or intervention of any kind.
In addition, products that have been the subject, at Your request, of a personalized or speciﬁc inscription (in particular, whose mount would have been engraved or whose stone(s) would have been the subject of a laser or other inscription, apart from the certiﬁcat number) may no longer be refunded or exchanged.
4.4 Refund and exchange terms
Any refund will be carried out, with the choice of Art B. J.'s choice, either by crediting your credit card, or by transferring funds to your bank account, or by sending a bank check addressed to the name of the customer who placed the order and to the billing address.
In the event of an exchange, if the new order is for an amount greater than the order giving rise to the exchange, the User must enclose payment of the balance with the exchange request. Conversely, if the amount of the exchange is less than the amount of the order, the User will receive a refund of the overpayment under the same conditions as those mentioned above.
Article 5 - Guarantees
5.1 Product warranty
5.1.1 Legal guarantees
Art B. J. follows the legislation in force concerning the defects of conformity of the product with the Contract and the redhibitory defects under the conditions envisaged in articles 1641 to 1649 of the Civil code:
"Article L. 211-4 of the French Consumer Code: The seller is required to deliver a product that conforms to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Article L. 211-5 of the Consumer Code: To be in conformity with the contract, the goods must :
(1) Be fit for the purpose ordinarily expected of similar property and, where applicable :
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics determined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
5.2 Guarantee concerning the Site
Without prejudice to the warranties that ﬁgure in Article 5.1 above, Art B. J. does not grant any guarantee on the Site and/or the Content (as described in article 7 below). In particular, ART B. J. makes no warranty as to the conformity of any of the elements of the Site to any particular use. Art B. J. does not warrant that the functions contained on the Site and any Content or other material contained therein will at all times be available, uninterrupted or error-free, that any defects or errors will be corrected immediately, or that the Site or its server will at all times be free of viruses or other components that may cause damage.
Article 6 : Responsibility
6.1 The proposed jewels are in conformity with the French legislation then in force. The responsibility Art B. J. cannot be held responsible in case of non-respect of the legislation of the country where the jewels are delivered. It is up to you to check with the local authorities the possibilities and modalities of importing the jewels that you plan to order, and to respect them under your entire responsibility.
Furthermore, if You choose to access the Site from territories other than France, You do so on Your own initiative and at Your own risk. It is Your responsibility to respect local legislation insofar as this legislation is applicable.
6.2 The photos of the jewels are presented for illustrative purposes only. We invite You to refer to the description of each jewel to know the precise characteristics. In case of doubt or if You wish additional information, do not hesitate to contact Us (article 1.1 above).
6.3 Except in the case of fraud or gross negligence and except in the case of product liability, Art B. J.'s total liability for all damages that it may cause to You under the terms of the Agreement is limited to compensation for foreseeable, direct and material damages actually suffered by You. J.'s total liability for all damages that may be compensated under the terms of the Contract, that it may cause You in the context of the Contract, is limited to compensation for foreseeable, direct and material damages actually suffered by You due to the failure of Art B. J.'s failure to comply with the terms of the Contract, and this compensation may not exceed the amount of Your last purchase, even if Art B. J. has been advised of the possibility of such damages.
Art B. J. shall not be liable to You for damages caused by (I) your own act, omission or fault; (II) any case of force majeure as deﬁned by the jurisprudence rendered by the French courts; (IIII) any other event that neither Art B. J. nor its suppliers could have foreseen or prevented even if Art B. J. or its suppliers had taken all reasonable precautions.
6.4 Without prejudice to the provisions of Articles L. 211-12 of the French Consumer Code and 1648 of the French Civil Code (referred to in Article 5.1.2 above) and other mandatory legal provisions to the contrary, You agree that any claim or action originating from or related to the use of all or part of the Site or to the Contract, must be formulated and implemented judicially on the merits within one (1) year following the first of the following two dates, under penalty of prescription: the date on which the claim was formulated for the first time or the date on which the cause of the claim first appeared.
Article 7 - Intellectual Property
7.1 The Site and all elements (including products), documents and other data contained therein (the "Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, trade or service marks - whether or not registered as such - and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade secrets or other similar rights and are owned or licensed by Art B J.
(I) the Site and any Content may not be copied, reproduced, modiﬁed, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written permission of Art B. J. or unless otherwise permitted by applicable law (in which case, You must keep intact all proprietary notices);
(II) You must not use meta tags or any other hidden text containing Our name, brand(s) or that of Our related companies without Our speciﬁc, prior, written consent ;
(III) any User who wishes to place, for his personal use, on his site, a simple link referring directly to the home page of the Site, must obligatorily obtain Our speciﬁc and written authorization beforehand; in no case may Our agreement engage Our responsibility, on any grounds whatsoever, for the Site or any Content ;
(IV) any hypertext link to the Site using the framing or in-line linking technique is strictly prohibited.
Article 8: Comments, reviews, communications and other content
8.1 Users may send Us reviews, comments or any other content, submit suggestions, ideas, questions or any other information as long as such content is not illegal, obscene, abusive, threatening or defamatory, infringing intellectual property rights, or prejudicial to third parties and does not consist of not or does not contain computer viruses, political activism, solicitations commercial, mass mailing, chain letters or any other form of "spam". You may not must not use a false e-mail address, impersonate any person or entity, or entity, nor lie about the origin of the content. We reserve the right, at our sole discretion, to discretion, to remove or modify any content.
8.2 If You send Us content, and unless otherwise stipulated by You, You grant Us and Our related companies, for the applicable legal term of protection, the non-exclusive and royalty-free right to reproduce, modiﬁer, adapt, publish, translate, distribute, sublicense and afﬁcher such content worldwide, on the Site and in all media.
8.3 You declare and guarantee to Us that You are the owner or holder of the necessary rights on the content that You transmit to Us. You agree to indemnify Us in the event of an action, or claim of a third party against Us since this action would have as cause, basis or origin the content that You communicated to Us.
Article 9: Applicable law - Competent jurisdiction
9.1 The Agreement is subject to French law (excluding the rules applicable to conﬂits de lois).
9.2 In case of dispute, only the French courts will be competent.
Par les présentes, le client accepte les mentions légales d’Oney accessibles ici: https://www.payplug.com/hubfs/payplug-oney/cgv.pdf (copiées ci-dessous)
Paiement de votre commande en 3 ou 4 fois par Carte bancaire à partir de 100€ d’achats jusqu’à 3000€ avec Oney Bank.
Notre partenaire Oney Bank vous propose une solution de financement dénommée 3x 4x Oney, qui
permet de payer vos achats de 100€ à 3000€ en 3 ou 4 fois avec votre carte bancaire.
Cette offre est réservée aux particuliers (personnes physiques majeures) résidant en France et titulaires d’une carte bancaire Visa et MasterCard possédant une date de validité supérieure à la durée du financement choisie. Les cartes à autorisation systématique notamment de type Electron, Maestro, Nickel etc… ainsi que les e-cards, les cartes Indigo et American Express ne sont pas acceptées.
Modalités de souscription :
Après avoir terminé votre commande, il vous suffit de cliquer sur le «bouton paiement en 3x 4x Oney par carte bancaire ».
Vous êtes alors redirigé vers la page internet 3x 4x Oney de notre partenaire affichant le récapitulatif détaillé de votre commande et la demande de financement personnalisée, que vous devez ensuite valider.
Vous saisissez vos informations personnelles ou, si vous disposez d’un compte 3x 4x Oney, vous vous identifiez au moyen des identifiants de connexion liés à votre compte 3x 4x Oney.
Vous prenez connaissance des conditions générales de paiement en plusieurs fois auxquelles vous souhaitez souscrire qui vous sont fournies sous format PDF afin que vous puissiez les lire, les imprimer et les enregistrer avant de les accepter.
Vous notifiez ensuite votre acceptation électronique par la case à cocher correspondante.
Vous reconnaissez que le « double clic » associé à la case à cocher sur la prise de connaissance des conditions générales valent consentement à contracter et constituent une acceptation irrévocable et sans réserve des conditions générales du produit.
Sauf preuve contraire, les données enregistrées par Oney Bank constituent la preuve de l’ensemble des transactions passées entre vous et Oney Bank.
Si vous demandez à bénéficier d’une solution de financement proposée par Oney Bank, les informations en rapport à votre commande seront transmises à Oney Bank, qui les utilisera à des fins d’étude de votre demande pour l’octroi, la gestion et le recouvrement de crédit. Oney Bank se réserve le droit d’accepter ou de refuser votre demande de financement en 3x 4x Oney.
Vous disposez d’un délai de rétractation de 14 jours pour renoncer à votre crédit.
Le paiement en 3 ou 4 fois par carte bancaire vous permet de régler la commande effectuée sur notre site marchand de la façon suivante :
– un apport obligatoire, débité le jour de la confirmation de l’expédition de votre commande ;
– deux ou trois mensualités, correspondant chacune à un tiers ou un quart de la commande, prélevées à 30 et 60 jours après pour le 3 fois et à 30, 60 et 90 jours après pour le 4 fois, lesquelles comprennent des frais correspondants à 1,54% du montant total de la commande pour un 3 fois et à 2,30 % pour un 4 fois (dans la limite de 25€ maximum pour un paiement en 3 fois et de 50€ maximum pour un 4 fois).
• Le paiement en 3 fois à partir de 100€ d’achat et jusqu’à 3000€
Exemple : Pour un achat de 150€, apport de 52,31€ puis 2 mensualités de 50€.
Crédit d’une durée de 2 mois au TAEG fixe de 20,59%. Coût du financement : 2,31€ dans la limite de 25€ maximum.
• Le paiement en 4 fois à partir de 100€ d’achat et jusqu’à 3000€
Exemple : Pour un achat de 400€, apport de 109,20€ puis 3 mensualités de 100€.
Crédit sur 3 mois au TAEG fixe de 20,61%. Coût du financement : 9,20€ dans la limite de 50€ maximum.
Conditions particulières pour les offres promotionnelles ponctuelles :
Pour le paiement en 3 fois sans frais : le coût du financement est de 0% du montant total de la commande. Exemple pour un achat de 150€, apport de 50€, puis 2 mensualités de 50€, Crédit d’une durée de 2 mois au TAEG fixe de 0%. Coût du financement : 0€.
Pour le paiement en 4 fois sans frais : le coût du financement est de 0% du montant total de la commande. Exemple pour un achat de 400€, apport de 100€, suivi de 3 mensualités de 100€. Crédit d’une durée de 3 mois au TAEG fixe de 0%. Coût du financement : 0€
Oney Bank – SA au capital de 51 286 585 € – Siège social : 34 avenue de Flandre 59170 CROIX – RCS Lille Métropole 546 380 197 – n° Orias : 07 023 261 – www.orias.fr – Correspondance : CS 60006 – 59895 Lille Cedex 9 – www.oney.fr