Header

Terms and conditions

ARTICLE 1: PURPOSE

- These general terms and conditions of sale set out the rights and obligations of the Internet user (the "Customer" and "you") regarding products sold from the online catalogue on the website www.poiray.com (the "Site") in a distance selling context. - The contract, established if an order is placed, is covered by distance selling regulations, resulting in particular from the French Consumer Code as well as the special provisions referred to below.

- The agreement established in the event of an effective order falls under the scope of distance selling regulations, in particular as pertains to the Consumer Code, as well as the special provisions referred to below.

- Placing an order entails the irreversible acceptance of the general terms and conditions of sale. You confirm that you have the capacity to enter into this contract, namely that you are of legal age and are not under a protective measure such as guardianship.

- The customer agrees to place an order on the Site as a consumer, for personal and not business purposes.

- The customer will need to tick the box "I have read and accept the T&Cs" to accept these general terms and conditions of sale with no reservations. Ticking this box will be considered as having the same value as your handwritten signature and makes these general terms and conditions of sale binding.

- The general terms and conditions of sale are available to Customers on the Site where they can be directly accessed.


ARTICLE 2: IDENTIFICATION OF THE SELLER

- The Products purchased on the Site are sold directly by Poiray International (the "Company"), a French simplified joint stock company with a sole shareholder and capital of 7,305,182 euros, entered in the Paris Trade and Companies Register under number 794 302 422, whose registered office is at 8 place Vendôme, 75001 Paris

- For any information, please contact: contact@poiray.com

- Tel: +33 (0)1 42 97 99 00


ARTICLE 3: PRODUCTS

- The products sold are those appearing on the Site on the day that you visit the Site.

- The products comply with current health and safety, fair trading and consumer protection requirements.

- A description of each product sold on the Site is given including the essential characteristics, within the meaning of Article L111-1 of the French Consumer Code.

The Site does not sell second-hand or faulty products or products which are substandard to those offered on the market. Some of our pieces are unique; others can be made from natural stones.

- We would like to draw your attention to the fact that the photographs showing our products may differ slightly from the actual products due to your screen settings and the lighting used when the photos were taken.

In addition, our handmade products may vary in their finish, size and/or colour which is inherent in this type of production, and which may not be considered as a major defect. The Company may not be held liable and the order will still be valid.

- Photographs, graphics and descriptions of the products sold are for information only and are not binding on the Company in any way. Customers can obtain further information by phoning the Company’s Customer Service.

- The products offered and delivered depend on available stock. Nevertheless, as our workshops make a limited quantity of the jewellery sold on the Site, it is possible that the piece you would like is not in stock despite "Add to basket" showing on the Site. As applicable, you will be immediately notified and the Company will reimburse the amounts paid as soon as possible at your request.

- Apart from reimbursing the price for an out-of-stock product, the Company is not required to pay any compensation for cancellation.


ARTICLE 4: PRICE

- Product prices displayed are given in euros and the sale price is that in force on the day of the order.

- Prices are displayed inclusive of all taxes, excluding delivery charges or shipping costs that may be applied in consideration of the conditions laid down in clause 5 of these general terms and conditions of sale.

- Whichever delivery method you choose, the total amount due is indicated on the order confirmation page.

- The Company reserves the right to change the prices at any time, while guaranteeing the price in force on the day you place the order.


ARTICLE 5: DELIVERY AND SHIPPING COSTS

Products can be delivered in France (except for DOM-TOM), and the European Union.br />

For any delivery to a country outside the European Union, please contact Customer Service. For this type of delivery, all taxes and customs duties will be payable by you.

Any bracelet made from exotic material (lizard, ostrich, or alligator) cannot be delivered to a country outside the European Union.

Shipping is free of charge for any order placed on the Site under the following conditions:

- delivery by Colissimo is free of charge when your total basket amounts to 200 euros and the delivery address is in France;

- delivery by FedEx is free of charge when your total basket amounts to 500 euros and the delivery address is within the European Union;

- delivery by courier is free of charge when your total basket amounts to 500 euros and the delivery address is in Paris 75.

Collection from the point of sale at 17 rue de la Paix, 75002 Paris is free of charge.

Shipping which does not fall within the criteria set out above will be payable by you and will be included in the total amount due indicated on the order confirmation page.


ARTICLE 6: ORDERS

- After adding the items to the basket and confirming them, you will be redirected to the order form that will immediately appear, on which you will provide the Company with your contact details, delivery address and billing address.

- After having checked the content of your order and its total cost, and corrected any errors by returning to previous pages, you will finally confirm the order at the payment stage. This confirmation and acceptance of these general terms and conditions will have the value of entering into a contract.

- Any change you make to the order after its confirmation is subject to the Company’s agreement. Once the contract is entered into, the Company will send you a receipt for your order by email with a summary of the information entered on the order form.

- An invoice will be sent to you in your parcel with the products purchased.

- The Company reserves the right to refuse any order for legitimate reasons and in particular if the product quantities ordered are unusually high for Customers ordering as a consumer.


ARTICLE 7: PAYMENT METHODS

- To pay for the products, you will follow the instructions indicated in the order form.

- You may pay for your purchases by a payment card or by bank transfer, AMEX or PAYPAL. The following payment cards are accepted: CB, MasterCard®, Visa®, and American Express®.

- If paying by PAYPAL, you expressly acknowledge having read and agreed to the general terms and conditions of PAYPAL, which is solely responsible for processing the personal data related to the payment method entered by you.

- At the time of payment, the bank will ask for your personal information in order to verify the identity of the card holder and approve the transaction. You will need to enter your bank card number, according to the card type, its expiry date and the security code (3-digit number on the back of the bank card).

- When confirming your order, you guarantee the Company that you are up-to-date with required payments with regard to the payment card issuer.

- The financial information will be transferred by means of a security protocol to the banks providing the online electronic payment services, without third parties having access to it under any circumstances.

- When the price agreed is not paid by the due date, the Company reserves the right to lawfully cancel the contract by registered letter with acknowledgement of receipt.


ARTICLE 8: DELIVERY

Delivery means transferring physical possession or control of the product to you.


8.1 Shipping time

- Any order placed on the Site will in general be processed and shipped within 48 hours following receipt of payment (excluding weekends and public holidays) unless we indicate otherwise. An email will be sent to confirm the processing and shipping of the order.

- You are informed that dispatch times may vary by several days, if the product is in stock, to 10 weeks depending on the period and complexity of the pieces required. We make every effort to reduce this time as far as possible and ask you to contact our customer service to find out when the products you wish to order will actually be available.


8.2 Shipping of special orders

- Special orders include personalised jewellery (engraving in particular) and bespoke jewellery. If you wish to place a special order, please contact our customer service to find out the feasibility of your request or receive a quote and find out dispatch times.

- Under the provisions of Article L.221-28 of the French Consumer Code, products corresponding to these special orders may not be returned, exchanged or reimbursed.


8.3 Delivery times

- The product ordered is delivered to the address appearing on your order form. The delivery address may differ from the billing address.

- The delivery times specified below only run from the order’s dispatch.

Delivery is carried out by one of the following transport options, as chosen by you, with no commitment made by the Site to deliver by these carriers:

- La Poste (Colissimo with signature required on delivery): delivery within 1 to 3 business days.

- Courier (only for Paris proper): delivery within 3 hours for an order made before 3pm (French time) on a business day. Otherwise, delivery will take place on the day following the order. The delivery time may however be extended in certain situations related to a busy period: Christmas, strikes, etc. As applicable, the Company may not be held liable.

Fedex: delivery within 1 to 3 business days.

- In the event of damage, you shall state your reservations clearly and accurately on the delivery note, a duplicate of which will be sent by La Poste or the carrier to the Company. In this respect, it is your responsibility to check the content, conformity and condition of the product at the time of delivery.

- This check is considered to have been performed once you, or a person duly authorised by you, have signed the delivery note presented by La Poste or the carrier.

- Despite the care taken in preparing orders, a product may be missing from an order or there may be an error at the time of its preparation.

If the product does not conform to the order, you must send a claim to the Company in order to obtain a replacement product or cancel the sale at: contact@poiray.com within a maximum of 48 hours following receipt of the order.

- From the delivery date indicated at the time of the order, ownership of the product is transferred to the buyer, except if the price has not been paid in full upon ordering.

- The risks of product loss or damage are transferred to you when you, or a third party chosen by you, physically take possession of the product.

- A product delivered to you by a carrier chosen by you, is shipped at your risk, while a product delivered to you by a carrier chosen by the Company, is shipped at the Company’s risk.

When the product ordered is not delivered on the date or by the expiry of the period stated on the order, after having prompted, without success, the seller to meet its delivery obligation within a reasonable additional period, you may cancel the contract by registered letter with acknowledgement of receipt or by a document on any durable medium.


ARTICLE 9: RIGHT OF WITHDRAWAL

- Under the provisions of Articles L.221-18 et seq. of the French Consumer Code, you have fourteen (14) days to cancel your purchase without giving any reason.

The period of fourteen (14) days runs:

- from the day you, or a third party chosen by you who is not the carrier, receive the item ordered;

-or, for an order with several items delivered separately, from the day you, or a third party chosen by you who is not the carrier, receive the last item.

- You must notify the Company by completing the cancellation form (available below) or by sending a clear notification by:

- email to contact@poiray.com;

- or letter to POIRAY INTERNATIONAL, E-Shop, 8 place Vendôme, 75001 Paris (the postmark serving as proof).

(Please complete and return this form only if you wish to cancel the contract.)

- I/We [*] hereby notify you of my/our [*] cancellation of the contract concerning the sale of the good [*]/the provision of the service [*] below

- Item ___[reference]_____________

- Ordered on [*]/received on [*]: ______________

-Name of the customer(s)

- Address of the customer(s)

- Signature of the customer(s) (only if sending a paper copy of this form)

- Date

[*] Delete as appropriate.

- Confirmation of the return request is sent to you by email within 72 hours, and you may then download and print the return form from this email.

- You must return the product to the following address within fourteen (14) days of notifying your cancellation, the costs of return being payable by the Company for any delivery within a member state of the European Union:

POIRAY INTERNATIONAL
E-Shop return
8, place Vendôme
75001 Paris
France

The parcels returned are your responsibility until they arrive at the Company. After receiving and checking the condition of the products returned by you, the Company will send you email confirmation and will, within fourteen (14) business days and as chosen by you:

- reimburse the payments received by the payment method used at the time of confirming the order and, if a complete order is returned (all products ordered under one single order), the delivery charges, or

- reimburse you using a credit note corresponding to the amount of the products, valid for 6 months on the site www.poiray.com. The delivery charges reimbursed will be based on standard delivery (the most economical). If you have chosen a delivery method other than standard delivery, the additional charges billed will not be reimbursed.

The Company will send you an email confirming the refund of the order according to the method chosen.

Any online purchase made by you may also be exchanged for a product of an equal or higher amount (subject to you paying any price difference) within one of the Company’s four stores, located respectively at 17 rue de la Paix 75002 Paris, 70 rue du Faubourg Saint-Honoré 75008 Paris, 93 rue de Passy 75016 Paris, and 184 Boulevard Saint-Germain 75006 Paris.

However, we will only exchange or refund jewellery if all the following conditions are met:

1) the product must not have been worn, used, modified, cleaned or damaged;

2) the product must not have been made to measure;

3) the product must be returned in its original packaging with the invoice.

You will not be reimbursed if you have not exercised your right to cancel under the conditions of this clause.

Upon receipt of the returned product, you may choose to be reimbursed with a credit note valid for 6 months on the Site or by a refund credited directly into your bank account.


ARTICLE 10: WARRANTIES

All Products are covered by the legal guarantee of conformity provided for in Articles L217-4 et seq. of the French Consumer Code.

Under this guarantee, when the legal conditions are met, you have two (2) years from receipt of the product to request its repair or replacement subject to the cost conditions laid down in Article L217-9 of the French Consumer Code. You are not required to provide proof of the non-conformity for twenty-four (24) months following delivery of the good.

Products are also covered by the statutory warranty against hidden defects as defined in Article 1641 et seq. of the French Civil Code.

Under this warranty, you may either cancel the sale of the product or ask for a price reduction.

The legal guarantee of conformity and warranty against hidden defects apply independently of any additional commercial guarantee granted by the Company.

LEGAL PROVISIONS ON STATUTORY WARRANTIES:

Article L. 217-4 of the French Consumer Code:

The seller shall deliver a good that conforms to the contract and shall be liable for any existing non-conformity at the time of delivery.

It shall also be liable for non-conformity resulting from the packaging, assembly instructions or installation when this is its responsibility under the contract or has been carried out under its responsibility.

Article L. 217-5 of the French Consumer Code:

The good conforms to the contract if:

1° it is fit for the purpose usually expected of goods of that kind and, as appropriate:

- it corresponds to the description given by the seller and has the characteristics that the seller has presented to the consumer in the form of a sample or model;

- it has the characteristics that a consumer may legitimately expect in view of public statements made by the seller, producer or their representative, including in advertising or on labelling;

2° if it has the characteristics defined by joint agreement by the Parties or is fit for any particular purpose required by the consumer, made known to the seller and accepted by the seller.

Article L. 217-7 of the French Consumer Code:

Any non-conformity that appears within twenty-four months from delivery of the good is presumed to have existed at the time of delivery, unless it is proven otherwise.

For goods sold second hand, this period is fixed at six months.

The seller may dispute this presumption if it is not compatible with the nature of the good or the non-conformity stated.

Article L. 217-12 of the French Consumer Code:

Action resulting from non-conformity is time-barred after two years from the delivery of the good.

Article 1641 of the French Civil Code:

The seller is bound by the warranty against hidden defects of the product sold which renders it unfit for its intended use or reduces its usefulness to such an extent that the buyer would not have acquired it or would not have paid the same price had they been aware of the defect."

Article 1648, paragraph 1 of the French Civil Code:

Action resulting from hidden defects must be brought by the buyer within two years from discovery of the defect.


ARTICLE 11: CUSTOMER SERVICES AND MEDIATION

11.1 Customer Services

- If you require any information or wish to make a claim, please contact customer service at: customerservice@poiray.com - Customer service is also available by phone from Monday to Thursday (10:00 - 6:00 French time) and Friday (10:00 - 5:30 French time) at +33 (0) 1 42 97 99 00.

- In the event of a claim, you may contact customer service as a first step.


11.2 Mediator

Failing an amicable settlement of the claim, as a second step, you may refer the matter to a mediator who, independently and impartially, will attempt to bring the parties to an amicable agreement.

The Customer can contact:

Médiateur du Commerce Coopératif et Associé
FCA
77 rue de Lourmel
75015 Paris
France

Email: servicemediation@mcca-mediation.fr

For further information on Médiateur du Commerce Coopératif et Associé, please visit the website: www.mcca-mediation.fr

The Customer must demonstrate having first contacted customer service. The mediator will then process your claim if it is admissible.

The Customer and the Company are free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.


ARTICLE 12: INTELLECTUAL PROPERTY

The Site is the property of the Company. It is protected by international laws and treaties concerning copyright as well as those concerning intellectual property.

All rights relating to the Site and the overall concept of the Company's activity, their original and innovative nature, in particular intellectual property rights for the text, literary, artistic, graphic (including photographs) and audio-visual creations, IT developments, HTML developments and other intellectual work and, in general, any creations that may be protected by intellectual property law such as images, logos, formatting, style guide, structure, ergonomics, colour codes, typography, fonts, basic graphics, graphical organisation of screens, layout, backgrounds, and visual identity of the Site, belong to the Company or are regularly used by the latter, without any limitation.

You shall not undermine the Company or Site or infringe the Company's rights, directly or indirectly.

Therefore, these general terms and conditions of sale do not entail an assignment of the Company’s intellectual property rights and you acknowledge that you are not authorised to download, reproduce, communicate to the public, modify, translate and/or adapt, in whole or in part, in return for payment or free of charge, all or part of the Site including each of the elements forming a part of it, or reproduce and/or communicate to the public such translations, adaptations and modifications, in whole or in part, in return for payment or free of charge, without the Company’s prior written consent.


ARTICLE 13: REGISTRATION INFORMATION AND COOKIESE

The following provisions set out the Company’s obligations for protecting the personal data of Internet users browsing the Site. You are also informed of how your personal data is collected and used and of your rights in this respect.

The Company complies with amended Law no. 78-17 of 6 January 1978 (the French Data Protection Act) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as "GDPR" (together referred to below as the "Applicable Regulations").

13.1 Collection and purpose

- The order requires you to provide some of your personal data, i.e. your surname, first name, postal address, date of birth, phone number and email address (the "Personal Data"). The Personal Data is required by the Company to meet its obligations, specifically for order confirmation and delivery. Customers not wishing to provide this information will not be able to place orders on the Site.


13.2 Personal Data retention period

- This Personal Data is retained for this sole purpose and therefore to the extent strictly necessary and proportionate for pursuing the purposes identified. The Company shall not use it in any other context, or send it to third parties, without your express permission, or in cases not provided for by law. Except for payment-related data, the data controller is the Company, whose contact details are indicated in Clause 2. Customers' Personal Data is kept for 3 years from the end of the commercial relationship.


13.3 Personal Data security

- The Company implements the appropriate technical and organisational measures to ensure the protection of Personal Data and integrates the necessary safeguards into the processing in order to meet GDPR requirements.

- In particular, the Company takes all necessary precautions regarding the nature of the Personal Data provided to it and the risks posed by its processing, so as to protect its security and, in particular, prevent it from being distorted, damaged or accessed by unauthorised third parties.

- Payment card numbers are not stored on the Site but on the secure site of our bank.


13.4 Customer Rights

- Under the Applicable Regulations, you have a right of access to, and right to rectification and erasure of your Personal Data.

- You also have the right to the portability of your Personal Data, in order to retrieve your data for your own use and transfer it to another organisation.

- Furthermore, you have the right to object to the processing of the Personal Data in certain circumstances, as well as the right to request the restriction of processing of the Personal Data performed by the Company.

- To exercise one of these rights, simply submit a request online to the following address: contact@poiray.com or by letter indicating your surname, first name, address and, if possible, your customer reference, to the following address: Poiray International, 8 place Vendôme, 75001 PARIS

- The Company shall process all requests as soon as possible.

- You also have the right to lodge a complaint with the French Data Protection Authority (CNIL).



13.5 Transfer of Personal Data

- The Company and/or its Affiliates (i.e. any entity or company controlling or controlled by the Company, or under control with it, control being defined by Articles L.233-1 and L.233-3 of the French Commercial Code) do not transfer any personal data to a state that is not a member of the European Union or European Economic Area.

13.6 Personal Data breach

The Company will inform each Customer concerned as soon as possible of any breach of their Personal Data likely to result in a high risk to their rights and freedoms, in accordance with Article 33 and 34 of GDPR.

However, this obligation to inform the Customer is not necessary if any of the following conditions are met:

- the Company has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the breach;

- the Company has taken subsequent measures which ensure that the high risk to the rights and freedoms of users is no longer likely to materialise;

- it would involve disproportionate effort.


The Company will notify the local Supervisory Authority at the earliest opportunity and if possible within 72 hours after becoming aware of any breach likely to result in a high risk to the rights and freedoms of Customers.


13.7 Processing

The Company shall use processors providing sufficient guarantees concerning the implementation of appropriate technical and organisational measures so that the processing of the Personal Data meets GDPR requirements.



13.8 Cookies

Use of cookies: under its own responsibility or that of a third party employed to provide tracking services, the Site may use cookies when an Internet user is browsing the Site. Cookies are files sent to the browser via a web server with the aim of recording the activities of Internet users while they are browsing.

The cookies used on the Site are temporary with the sole aim of making subsequent transmission more efficient. No cookie used on the Site will be active for more than thirteen months.

The appearance of a banner informs you that a cookie may be stored automatically on your browser when visiting the Site, as well as of its purpose, and the option to reject it and change the settings by clicking on the link "manage cookies".

You can configure your browser to accept all cookies, reject all cookies, and inform you when a cookie is created, how long it is active for and of its content, as well as to enable you to refuse its storage on your device and clear cookies periodically.

By removing or disabling the Site’s cookies, Internet users run the risk of not being able to access certain Site functionalities.

To use the Site, it is not necessary for users to allow the installation of cookies, but they must restart the session as it is for each of the services that requires prior registration or session start-up.

What types of cookies does the Site use? The Site uses four types of cookies:

- Strictly necessary cookies: they enable Internet users to browse the Site and use functionalities such as the basket.

- Performance cookies: the Site uses Google Analytics’ cookies to quantify the number of users that visit the Site. These cookies make it possible to measure and analyse how Internet users browse the Site. This information allows the Company to continually improve its services and facilitate the buying process for Site users. For more information about this, please see Google Analytics' privacy page: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

- Functionality cookies: when Internet users browse or buy on the Site, the Site remembers their preferences (e.g. their likes or preferred language). By using these cookies, it is possible to provide a simpler, quicker and more customised browsing experience for users.

- Advertising cookies: these cookies are used to display important advertisements to users. In addition, they limit the number of times that each user views an advertisement and helps the Company to measure the effectiveness of its advertising campaigns. By browsing the Site, the user agrees to the Company downloading this type of cookie on to their device and making use of it when the user visits the Site in future.

- The Site may contain links to other websites that have different privacy policies to that of the Company. In this sense, the Company will not assume any liability for the content or practices of linked websites. The Company recommends that Site users review the privacy policies of all websites that they may access via the Site.

The Site servers may automatically detect the IP address and domain name used by users.

- An IP address is a number automatically assigned to a computer when it is connected to the Internet. This information enables the subsequent processing of data in order to obtain solely statistical information that makes it possible to find out the number of Site visits, the sequence of visits, the point of access, etc.


ARTICLE 14: GOVERNING LAW / JURISDICTION

- These general terms and conditions of sale are governed by French law, with the exception of any other applicable international agreement including the Vienna Convention on the International Sale of Goods of 11 April 1980.

- Failing any amicable resolution or mediation, the courts within the jurisdiction in which the Company’s registered office is located will be recognised as having jurisdiction and may under these conditions be referred to in order to find a solution to a dispute.


ARTICLE 15: AMENDMENTS AND UPDATES

The general terms and conditions of sale are regularly amended, in particular in consideration of any regulatory changes. The new general terms and conditions of sale will apply on the date of their publication on the Site.

The applicable general terms and conditions of sale are those in force on the order date, a copy of which dated on this day may be provided at your request.


ARTICLE 16: MISCELLANEOUS

If any one of the clauses of these general terms and conditions of sale is held to be invalid or unenforceable under a law or regulation or following an enforceable decision of a competent court, the parties expressly agree that this contract will not be affected by the invalidity of the clause concerned.

If one of the parties does not at any time enforce the other party’s strict performance of any provision or condition of these general terms and conditions of sale, or if the Company does not apply temporarily one or more clauses, this will not operate as a permanent waiver of this provision or condition or as a waiver of the other clauses of the general terms and conditions of sale which will continue to have effect.

Communications, order forms, invoices and, in general, any other document, are archived on a reliable and durable medium, constituting a reliable and durable copy under Article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as evidence.

The Company may not be held liable in the event of non-performance or improper performance of the general terms and conditions or of the order placed, due either to the Customer, an insurmountable and unforeseeable act of a third party to the contract, or force majeure.