General Conditions of Sale
ARTICLE 1 - SCOPE
These General Terms and Conditions of Sale (referred to as "T&C") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.naturaereliquiae.com. The Products offered for sale on the site are as follows:
Jewelry, accessories and curiosities by-products, taxidermy, osteology, entomology.
The main characteristics of the Products, and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www.naturaereliquiae.com which the customer is required to read before ordering.
The choice and purchase of a Product is the sole responsibility of the Customer.
The offers of Products are within the limits of available stocks, as specified when placing the order.
These T&C are accessible at any time on the website www.naturaereliquiae.com and shall prevail over any other document.
The Customer declares having read these GCS and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.naturaereliquiae.com.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The contact details of the Seller are as follows:
Burellier Manon
Neuilly-saint-Front (02470)
SIRET : 854019916
Email : Naturae.reliquiae@gmail.com
ARTICLE 2 - PRICE
The Products are provided at the current rates listed on the website www.naturaereliquiae.com, when the order is registered by the Seller.
Prices are expressed in Euros, excluding VAT and including VAT.
The rates take into account any discounts that may be granted by the Seller on the site
These rates are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the validity period, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these fees.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 - ORDERS
It is up to the Customer to select on the website www.naturaereliquiae.com the Products they wish to order, according to the following methods:
The Customer chooses a Product that he places in his basket, Product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Client according to the methods provided.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the responsibility of the Customer to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www.naturaereliquiae.com constitutes the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The customer will be able to follow the progress of their order on the site
Any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within 24 hours at most after acceptance of the order by the Seller and as long as the delivery has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 4 - CUSTOM ORDERS
The products offered may be subject to customization at the client’s request. Any custom order is made according to the specifications validated by the customer before manufacturing.
Before sending the finished product, a video and/or photo(s) of the finished product are submitted to the customer for validation, by email or private message. The validation implies final acceptance of the design. No modification can be made after validation.
In accordance with the legislation in force, the right of withdrawal does not apply to products customized or made according to the customer’s specifications. As a result, custom orders are neither refundable nor exchangeable.
The customer is solely responsible for the information provided during the order (size, choice of elements, etc.). No liability can be incurred in the event of an error on the part of the client after validation.
The creations being handmade from natural elements, each piece is unique and can present slight variations compared to the visuals presented. These variations can in no way be considered as a defect.
No returns will be accepted for custom orders, except in case of proven defect or non-compliance with respect to the initial validation.
Any claim must be made within 48 hours after receipt, accompanied by proof (photos).
Any custom order cannot be canceled once the supplies have been purchased if this is the case or manufacturing has begun.
The designer reserves artistic freedom in interpreting the client’s requests, while respecting the aesthetic universe of the brand.
ARTICLE 5 - PAYMENT CONDITIONS
The price is paid by secure payment method, as follows:
• payment by bank card
The price is payable in cash by the Customer, in full on the day of placing the order.
Payment data are exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the website www.naturaereliquiae.com.
The payments made by the Client will only be considered final after actual collection by the Seller of the amounts due.
The Seller shall not be required to proceed with the delivery of the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
ARTICLE 6 - DELIVERIES
The Products ordered by the Customer will be delivered in metropolitan France or in the following zone(s):
International.
Deliveries take place within 2 to 10 working days at the address indicated by the Customer when placing their order on the site.
The delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-mentioned deadlines.
If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him/her at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a particular request by the Client concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, upon quotation previously accepted in writing by the Client.
The Customer is required to check the condition of the delivered products. He has a period of 2 weeks from the delivery to make claims by email, accompanied by all related documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTCS.
The transfer of the risks of loss and damage relating thereto shall only be carried out at the moment when the Client takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller except when the Client has himself chosen the carrier. As such, the risks are transferred at the time of the delivery of the property to the carrier.
ARTICLE 7 - TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer will be carried out upon acceptance of the order by the Seller, evidencing the agreement of the parties on the thing and on the price and this regardless of the date of payment and delivery.
ARTICLE 8 - RIGHT OF WITHDRAWAL
According to the terms of article L221-18 of the Consumer Code «For contracts providing for regular delivery of goods during a defined period, the time runs from receipt of the first good.»
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other statement, without ambiguity, expressing the desire to retract and in particular by postal mail addressed to the Seller at the postal address or email indicated in ARTICLE 1 of the T&Cs.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 9 - SELLER’S LIABILITY - GUARANTEES
The Products provided by the Seller benefit:
of the legal guarantee of conformity, for defective Products, damaged or damaged or not corresponding to the order,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver a good in accordance with the contract and is liable for any defects of conformity existing at the time of issue. He also responds to defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility.'
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is fit for the use customarily expected of a similar property and, where applicable:
if it corresponds to the description given by the seller and possesses the qualities that he presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the issuance of the good."
Article 1641 of the Civil Code.
"The seller is bound by the warranty in respect of hidden defects of the thing sold which render it unfit for its intended use, or which so impair this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known them."
Article 1648 paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."
Article L217-16 of the Consumer Code.
When the buyer requests from the seller, during the course of the commercial warranty granted to him upon the acquisition or repair of a movable asset, a restoration covered by the warranty, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if such provision is subsequent to the request for intervention.
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time they are discovered.
The Seller will refund, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
The shipping costs will be reimbursed based on the rate charged and the return costs will be reimbursed upon presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days following the Seller’s discovery of the lack of conformity or hidden defect. This refund can be made by transfer or bank check.
The Seller’s liability shall not be incurred in the following cases:
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non-compliance with the legislation of the country to which the products are delivered, which it is up to the Client to verify,
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in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product, accident or force majeure.
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The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
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The Seller’s guarantee is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.
ARTICLE 10 - PERSONAL DATA
The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their issuance / delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data that is collected on the website www.naturaereliquiae.com are as follows:
Product orders:
When ordering products by the Customer:
First and last names, postal address, phone number and email address.
Payment
As part of the payment for the Products offered on the website www.naturaereliquiae.com, this one records financial data related to the bank account or credit card of the Client/user.
9.2 Recipients of personal data
Personal data are reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.
9.4 limitation of processing
Unless the Customer expressly agrees, their personal data are not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the data thus collected for a period of 5 years, covering the time of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Clients and users
Pursuant to the regulations applicable to personal data, Clients and users of the site www.naturaereliquiae.com have the following rights:
• They can update or delete their data in the following ways:
In the settings on his client account.
They may delete their account by writing to the email address indicated in article 9.3
« Data controller »
They may exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Controller"
If the personal data held by the Seller are inaccurate, they may request the updating of information by writing to the address indicated in article 9.3 "Controller"
They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3
« Data controller »
They may also request the portability of data held by the Seller to another provider
Finally, they may object to the processing of their data by the Seller. These rights, insofar as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Controller whose contact details are indicated above.
The data controller must provide a response within a maximum period of one month.
In case of refusal to grant the Client’s request, the latter must be motivated.
The Client is informed that in case of refusal, he can file a complaint with the CNIL (3 place de
Fontenoy, 75007 PARIS) or apply to a judicial authority.
The Customer may be asked to check a box in which he agrees to receive informational and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 11 - INTELLECTUAL PROPERTY
The contents of the site www.naturaereliquiae.com are the property of the Seller and its partners and are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a copyright infringement.
ARTICLE 12 - APPLICABLE LAW - LANGUAGE
These GTCS and the operations resulting from them are governed by and subject to French law.
These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text would be authentic in case of dispute.
ARTICLE 13 - DISPUTES
For any complaint, please contact customer service at the Seller’s postal or email address indicated at
'ARTICLE 1 of these Terms.
The Client is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in case of a dispute.
In this case, the mediator designated is BURELLIER Manon
com
Enamel: naturae.reliquiae@gmail.com
The Client is also informed that he can also resort to the Online Dispute Settlement platform
(RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes concerning the purchase and sale transactions concluded pursuant to these GTCS and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.
ANNEX I
Withdrawal form
Date ______
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.naturaereliquiae.com except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of Burellier Manon
I hereby notify the withdrawal from the contract relating to the property below:
Order from (indicate the date)
Order number:
Client Name:
Customer address:
Signature of the client