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- These general conditions of sale expressly specify all rights and obligations of the user (hereinafter the "Customer") with regard to the products sold in the electronic catalogue on the website www.poiray.com (hereinafter the “Site”) as part of a distance selling system. - 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. - An order implies the irrevocable adhesion to the general conditions of sale. The Customer declares to have the capacity to conclude the present agreement, i.e. they maintain a legal majority and are not under tutorship or curatorship. - The Customer agrees to place an order on the Site as a consumer, for private and non-professional purposes. - The unconditional acceptance of these general conditions of sale is indicated when the Customer checks the box “I have read and I accept the GTC”. The ticking of this box will be deemed to have the same value as a handwritten signature on the part of the Customer, and makes the present terms and conditions of sale enforceable. - The general conditions of sale are made available to Customers on the Site where they may be directly consulted.
- The Products purchased on the Site are sold directly by Poiray International (hereinafter the “Company”), a simplified joint-stock company with a sole shareholder and capital of 7,000,000 euros, registered with the Paris Trade and Companies Register under the name of number 794 302 422, whose registered office is 8 place Vendôme, 75001 Paris. - For more information, you can contact the e-mail firstname.lastname@example.org - Tel: +33 (0)1 42 97 99 00
- The products offered for sale are those listed on the Site on the day of the consultation of the Site by the Customer. - The products comply with all regulations in force regarding the safety and health of persons, the fairness of commercial transactions, and the protection of consumers. - Each of the products offered for sale on the Site are presented with a description stating the essential characteristics, within the scope of Article L111-1 of the Consumer Code. The Site does not sell any second-hand, defective or substandard products on the market. A number of our pieces are unique; others can be produced from natural stones. - We would like to emphasise to our Customers that the photographs illustrating our products may be slightly different from reality due to the Customer's screen configuration and the lighting used when shooting. In addition, with regard to artistic products, the articles may have finishing irregularities, differences in size and/or discolourations inherent in this type of manufacturing, which may not be considered as constituting major defects. The Company shall not be deemed liable for these, and the validity of the order shall not be affected. - All photographs, graphics and descriptions of the products offered for sale are strictly indicative, and shall not be considered binding for the Company. Customers shall have the opportunity to obtain additional information by contacting the Company's Customer Service Department by telephone. - The products are offered and delivered according to limits of available stocks. Nevertheless, since the jewellery offered for sale on the Site is produced in limited quantities by our workshops, it is possible that a piece desired by the Customer may not be not in stock, even if the “Add to cart” option is displayed on the Site. If necessary, the Customer will be notified immediately and the Company will refund the sums paid as soon as possible upon request by the Customer. - Apart from the reimbursement of the price of an unavailable product, the Company shall not be liable for any compensation as a result of cancellation.
- The prices of the products displayed are indicated in euros, and the sale price is the one that is in force on the order date. - Prices are displayed inclusive of all taxes, excluding delivery charges or shipping costs that may be applied in consideration of the conditions set out in Article 5 of these general conditions of sale. - Depending on the delivery chosen by the Customer, the total amount that they must pay is indicated on the order confirmation page. - The Company reserves the right to modify prices at any time, while guaranteeing the Customer the application of the price in force on the order date.
Products can be delivered in France (except for DOM-TOM), the European Union and the United Kingdom.br /> Shipping costs are covered for all orders placed on the Site, under the following conditions:br /> - recommended Colissimo delivery, provided when the Customer's final shopping cart totals the sum of €200, only if the address indicated for delivery is located in France,br /> - FedEx delivery, offered when the Customer's final shopping card totals the sum of €500, only if the address indicated for delivery is located in the European Union,br /> - delivery by courier, offered when the Customer’s final shopping card totals the sum of €500, and only if the address indicated for the delivery is located in Paris 75.br /> Physical pick up at the point of sale located at 17 rue de la Paix, 75002 Paris is free. The Poiray store is open Monday to Saturday from 10:30 to 19:00. Goods may be picked up during the store’s opening hours upon presentation of the invoice for the corresponding order and a piece of identification. br /> Shipping costs that do not fall under the criteria mentioned above will be charged to the Customer and included in the total amount due as indicated on the order confirmation page.br />
- After adding their articles to the shopping cart and validating it, the Customer will be redirected to the instant order form, through which they must provide the Company with their contact details, delivery address, and billing address. - After reviewing the content of the order, as well as the total cost thereof, and correcting any errors by returning to the previous pages, the Customer will definitively confirm it during the payment step. This confirmation shall be considered as entry into the agreement. - Any modification of order by the Customer after confirmation of their order is subject to the acceptance of the Company- Once the contract is concluded, the Company will send the Customer a receipt of their order containing a summary of information entered on the order form. - A sales invoice will be sent to the Customer, included in the package containing the products purchased. - The Company reserves the right to refuse any order for legitimate reasons, and, in particular, if the quantities of products ordered are considered abnormally high for Customers classified as consumers.
- Customers must follow the instructions indicated in the order form for payment of the order price. - Customers may pay for purchases by credit card, AMEX, or PAYPAL. The following credit cards are accepted: CB, MasterCard®, Visa®, American Express®. - In the case of payment by bank transfer, Customers have eight (8) working days from the order confirmation to transfer the agreed sum. A reminder will be sent to the Customer within eight (8) days in the event that the discounted amount has not yet been received in the Company's bank account. The order may be terminated if the Customer has not made the bank transfer within the specified time limits. - For payment by PAYPAL, the Customer expressly acknowledges that they have read and accepted the general terms and conditions of PAYPAL, which is solely responsible for the processing of personal data corresponding to the payment method entered by the Customer. - The bank asks the internet user for personal information in order to verify the identity of the cardholder and validate the transaction during the payment process. The Customer must send their credit card number, depending on the type of credit card, the date of expiry thereof and the security code (3-digit number on the back of the credit card). - The Customer warrants to the Company, when validating their purchase order, that it is in legal compliance with the terms of the payment card issuer. - The financial information will be transferred to the banks providing the services related to the remote electronic payment by means of a cryptographic protocol, without any third parties having access to it. - In the event that the agreed price is not paid on the due date, the Company reserves the right to terminate the agreement by means of registered letter with acknowledgment of receipt.
Delivery refers to the transfer of physical possession or control of the product to the customer. 7.1 Shipping time Shipping time: - Any order placed on the Site will generally be processed and shipped within 48 hours of receipt of payment (excluding weekends and holidays), unless otherwise specified by us. An e-mail will be sent to confirm the processing and shipping of the order. - The Customer should bear in mind fact that shipping times may vary from a few days – if the product is in stock – to up to 10 weeks, depending on the period and complexity of the parts requested. We strive to reduce this time as much as possible and invite the Customer to contact our customer service obtain information on the availability of the products they wish to order in real time. 7.2 Delivery information - The product ordered is delivered to the address listed on the Customer's order form. The delivery address may differ from the billing address. - The delivery times specified below are only available from the date of shipment of the order. The delivery is carried out by one of the following transport options, in accordance with the customer’s choice, with no commitment being made by the Site to deliver by these carriers: - Mail (Colissimo with delivery upon signature): Delivery within 1 to 3 business days - Courier (only in Paris proper): Delivery within 3 hours for orders made before 3p.m. (French time), same business day. Otherwise, delivery will be performed the subsequent day - Fedex : Delivery within 1 to 3 business days. - In the event of damage, the Customer must note their reservations with precision and clarity on the delivery slip, a duplicate of which is sent by the Post Office or the carrier to the Company. In this respect, it is the Customer's responsibility to verify the contents, conformity and condition of the product upon delivery. -This verification is deemed to have been made when the Customer, or a person duly authorised by them, has signed the delivery slip presented by the Post Office agent or by the carrier. - Despite the care taken during the preparation of orders, it is possible that a product may be missing from it, or that an error may occur during its preparation. - If the product does not comply with the order, the Customer must send a claim to the Company for the replacement of the product or the cancellation of the sale to the address: email@example.com within a maximum period of 48 hours subsequent to receipt of the order. - the property of the product is transferred to the buyer from the date of delivery indicated during the order, except in cases where the full payment of the order price has not been completed. - The risk of loss or damage to the products is transferred to the Customer at such time that they and/or a designated third party take physical possession of the product. - Products delivered to the Customer by a carrier chosen by them are sent at the Customer's risk, while the products delivered to the Customer by a carrier chosen by the Company are sent at the risk and liability of the latter. - In the event that a product ordered is not delivered on the date or at the end of the period mentioned on the order, the Customer, after unsuccessfully enjoining the seller to fulfil their delivery obligation within a reasonable additional time, may terminate the agreement by registered letter with acknowledgment of receipt or by writing on any durable medium. - In the event that a product ordered is not delivered on the date or at the end of the period mentioned on the order, the Customer, after unsuccessfully enjoining the seller to fulfil their delivery obligation within a reasonable additional time, may terminate the agreement by registered letter with acknowledgment of receipt or by writing on any durable medium.
- In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to withdraw from their purchase, without having to justify any reason. The period of fourteen (14) days runs: - from the day on which the Customer or a third party, designated by the Customer and who is not the carrier, has received the ordered item. - or, in the case of an order for several items to be delivered separately, from the day the Customer, or a third party designated by the Customer and who is not the carrier has received the last item. - The Customers must notify the Company, either by completing the withdrawal form (available below), or by sending an unambiguous declaration, by: - E-mail to firstname.lastname@example.org; or by - Postal mail sent to POIRAY INTERNATIONAL - E-Shop - 8 place Vendôme, 75001 Paris (with the postmark being applicable for proof of communication) WITHDRAWAL FORM (Please fill out this withdrawal form in the event that you wish to withdraw from the agreement). - I / We [*] hereby notify you [*] of my/our [*] withdrawal from the agreement for the sale of the good [*] / for the provision of service [*] below - Article ___[reference]_____________ - Ordered on [*] / received on [*] : ______________ - Customer name(s) - Customer address(es) - Signature of the customer(s) (only in case of submission of this form in hard copy) - Date [*] Please strike this useless information out. - The Customer must return the product to the following address within fourteen (14) days of the notification of their withdrawal from the agreement, with all return costs being borne by Poiray International. POIRAY INTERNATIONAL Att: E-Shop 8, place Vendôme 75001 Paris France After receipt and verification of the products returned by the Customer, the Company will issue a refund within fourteen (14) business days of payments received, and for the return of a global order (all products included in a single order), shipping cost. The refunded delivery charge will be based on the standard delivery method (the most economical). In the event that the Customer has chosen a delivery method other than the standard delivery method, these additional charges will not be reimbursed. - Notwithstanding the foregoing, we will only accept the exchange and refund of jewellery if all the following conditions are met: 1) The product must not have been worn, used, modified, washed or subject to any deterioration 2) The product is returned in its original packaging, accompanied by the sales invoice. - No refund will be provided to any Customer who has not exercised their right of withdrawal under the conditions specified in this article. - Upon receipt of the returned product, the refund will be carried out according to the buyer’s choice in the form of a credit valid for 6 months on the Site or a refund credited directly to their bank account.
9.1 Legal warranties and guarantees against hidden defects All Products benefit from the legal warranty regime envisaged in the articles L217-4 and in accordance with the Consumer Code. Under this warranty, when the legal conditions are met, the Customer has a period of two (2) years from receipt of the product to request repair or replacement thereof, subject to cost conditions. provided for under the terms of Article L217-9 of the Consumer Code. The Customer is exempted from reporting proof of the lack of conformity during the first twenty-four (24) months following delivery of the goods. The products also benefit from the legal regime of the guarantee against hidden defects within the scope of Article 1641 et seq. of the Civil Code. Under this warranty, the Customer may choose between the cancellation of the sale or a reduction of the product price. The legal guarantee of conformity and the guarantee against hidden defects apply independently of the additional commercial guarantee that may possibly be granted by the Company. 9.2 Commercial warranties - The watches sold by the Company on the Site, to the exclusion of all other products, also come with a free commercial warranty provided by the Company in addition to the applicable legal guarantee, which will be the subject of a written document issued to the Customer at the time of the order. - The Company undertakes to repair, replace or refund the purchase price of the watch when the terms of the commercial warranty are met. - The warranty is applicable worldwide and covers any manufacturing defect that may arise in the Company's watches. It does not cover normal wear and tear on the case, metal, leather or fabric strap, crown, or glass components. - The following are also not covered by the warranty: loss, theft, defects or damage resulting from misuse, negligence, accident or repairs, modifications and handling carried out without the written agreement of the services the Company's techniques. - The Customer is asked to contact customer service or to return the watch to the store as soon as possible after becoming aware of the manufacturing defect, to the following address: Poiray International, 8 place Vendôme, 75001 Paris. - The warranty is valid for two years (2 years) from the date of purchase. - Any downtime of at least seven (7) days due to the repair of the product covered by the warranty is in addition to the duration of the original warranty. - The present commercial warranty corresponding to the Company's watches does not in any way deprive the Customer of the exercise of the legal guarantees of conformity and against hidden defects for the product sold, as specified in article 9 of these General Terms and Conditions. LEGAL PROVISIONS RELATING TO LEGAL GUARANTEES AND THE COMMERCIAL WARRANTY: GUARANTEE OF CONFORMITY Art. L. 217-4 of the Consumer Code The seller delivers a product in accordance with the agreement and, must be held liable for any lack of conformity that may arise during delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, when these requirements are assigned to it under the agreement or when carried out under its responsibility. Art. L. 217-5 of the Consumer Code: The product is in accordance with the agreement: 1. If it is fit for the customary use of a similar good and, where applicable: - when it corresponds to the description provided by the seller and possesses the qualities presented to the buyer in the form of a sample or a model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, in particular in any advertising or labelling; 2. Or if it has the characteristics defined by mutual agreement by the Parties or is suitable for any special use sought by the buyer, made known to and accepted by the seller. Art. L. 217-7 of the Consumer Code: Any defects of conformity which appear within a period of twenty-four months subsequent to delivery of the good are presumed to have existed at the time of the delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may oppose this presumption if it is not compatible with the nature of the good or with lack conformity claimed.: Art. L. 217-12 of the Consumer Code:: The period for action concerning lack of conformity is set at two years from the delivery of the goods. COMMERCIAL WARRANTY: Art. L. 217-16 of the Consumer Code: When the buyer asks the seller for a restoration covered by the guarantee during the course of the commercial guarantee which has been granted to it upon the acquisition or the repair of a movable property, a period of immobilization of at least seven days is added to the duration of the warranty that remains. This period runs from the time of request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. GUARANTEE OF HIDDEN DEFECTS OF THE ITEM SOLD: Art. 1641 of the Civil Code:<: The seller is bound by the guarantee against hidden defects of the item sold which may render it unsuitable for the use for which it is intended, or which diminish the use to such extent, that the buyer would not have acquired it, or would have paid lower price it had been known at the time”. Art. 1648 section 1 of the Civil Code:: Any action related to hidden defects must be brought by the purchaser within two years from the discovery of the defect.
10.1 Customer Services - For any request for information or for any complaint, Customers should contact the customer service at the following address: email@example.com - Customer service is also available by phone from Monday to Friday (10:00 - 6:00 French time) at +33 (0) 1 42 97 99 00. In the event of a complaint, the Customer may first contact Customer Service. 10.2 Mediator As a second option, and in the absence of an amicable settlement of the dispute, the Customer will have the opportunity to use a mediator who will attempt to bring the parties together with a view to reaching an amicable solution, in complete independence and impartiality. The Customer can contact: Médiateur du Commerce Coopératif et Associé FCA 77 rue de Lourmel 75015 Paris Email: firstname.lastname@example.org For more information on the Médiateur du Commerce Coopératif et Associé [Mediator of Cooperative and Associated Trade], Customers are asked to consult the website: www.mcca-mediation.fr The Customer must provide justification for having contacted the customer service for the first time. The mediator will then process the Customer's request in the event that it is deemed admissible. The Customer and the Company remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as other applicable international intellectual property laws and treaties. All rights relating to the Site and the overall concept of the Company's activity, to their original and innovative character, and, in particular, all intellectual property rights to any texts, literary creations, and artistic, graphic (including photographs) and audiovisual content, computer output, HTML creations and other works of the mind and, more generally, any creations likely to be protected by the law of intellectual property, such as images, logos, formatting, graphic design, structure, ergonomics, colour codes, typography, fonts, basic graphic elements, graphic organisation of screens, layout, backgrounds, and the visual identity of Site, pertain exclusively to the Company or are regularly exploited by the latter, without any limitation whatsoever. The Customer undertakes not to infringe, either directly or indirectly, on the Company, the Site, or the rights of the Company. Therefore, these general conditions of sale can not constitute any assignment of intellectual property rights of the Company, and the Customer acknowledges that it is not authorised to download, reproduce, represent, modify, translate and/or adapt, either partially or totally, for consideration or free of charge, all or part of the Site, including any of the elements that compose it, and reproduce and/or represent such translations, adaptations and modifications, either partially or totally, for a fee or free, without the express prior written consent of the Company. Any unauthorised reproduction constitutes an act of counterfeiting, punishable by articles L335-2 et seq. of the Intellectual Property Code.
- The general conditions of sale are regularly amended, in particular in consideration of possible normative changes. The new general conditions of sale will apply as of the date of their publication on the Site. - The general conditions of sale that shall apply are those in force on the date of the order, a dated copy of which can be provided to the consumer upon request.
If any of the terms hereof are found to be void or unenforceable by any law or regulation or as a result of an enforceable decision of a court of competent jurisdiction, the parties expressly agree that this agreement will not be affected by the nullity of the clause in question. The fact for one of the parties does not demand the strict performance by the other party of any provision or condition of these General Conditions at any given time, or the temporary non-application of one or more clauses by the Company, shall not be deemed to constitute a definitive waiver of such provision or condition and may not constitute a waiver of any of the other clauses of general conditions of sale, which shall continue to remain in full effect. The archiving of communications, purchase orders, invoices, and, more generally any other document, is carried out on a reliable and durable medium, so as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These communications, purchase orders 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 Conditions and of the Order placed, either by the Customer, or the insurmountable and unpredictable hinderance of a third party to the agreement, or as a result of force majeure.