Conditions of sale
These general conditions of sale are concluded between company Charnay, registered with the Lyon Trade and Companies Register under number 921 134 185 00013, having its registered office located at 5 rue Jussieu, Lyon (69002), France (hereinafter “Charnay”), on the one hand, and any physical or legal entity making a purchase via the Charnay website (charnay-paris.com) (hereinafter the “Buyer”), on the other hand.
For any question or comment about the General Conditions of Sales, the Buyer can contact Charnay at the following email address: contact@charnay-paris.com.
PREAMBLE:
Charnay is a company whose purpose is the creation and sale of jewelry items (hereinafter the “Product” or the “Products”) and operating the website https://charnay-paris.com/ (hereinafter the “Website”).
All potential buyers are invited to carefully read these general conditions of sale (hereinafter the “GCS”) as well as the General Conditions of Use (hereinafter the “GCU”) before placing any Order on the Website. An Order implies the Buyer’s acceptance of the GCS and the GCU, which he or she acknowledges having read, understood and accepted in their entirety.
I/ PURPOSE
The purpose of these GCS is, on the one hand, to inform any possible buyer about the terms and conditions under which Charnay proceeds to the sale, to the delivery of the ordered Products and to the return of these Products and, on the other hand, to define the rights and duties of the parties within the framework of the sale of Products by Charnay to the Buyer. They apply, without restriction or reserve, to all sales of Products offered by Charnay on its Website.
Charnay reserves the right to modify these GCS at any time. However the GCS applicable to the Order are those accepted by the Buyer at the time of placing the Order.
II/ RATES
The sale prices of the Products offered on the Website are indicated in Euros (€), inclusive of all taxes (TTC).
The prices invoiced are those in effect on the date of the Buyer’s Order.
III/ ORDER
Before validating his or her Order, the future Buyer has the possibility to check the details of his or her proposed order and to correct any errors.
The distance selling contract is concluded from the moment the Buyer confirms his or her Order by clicking on the “Pay” button (hereinafter and hereinabove the “Order”). The Buyer shall be deemed to have knowingly accepted the content and conditions of the concerned Order, and in particular these GCS, the fact that the Order implies an obligation to pay on his or her part, the prices, volumes, characteristics, quantities and delivery times of the Products offered for sale and ordered by the Buyer.
Once this step completed, the Buyer will not be able to cancel his or her Order. The sale shall be final (subject to the Buyer exercising his or her right of withdrawal under the conditions set forth in Section VI of these GCS). The Order will be confirmed to the Buyer by sending an e-mail. An e-mail will also be sent to the Buyer when the Order is shipped.
Charnay undertakes to honor the orders received via the Website within the limits of available stocks.
IV/ TERMS OF PAYMENT
The price of the Products is payable in cash to Charnay on the day of the Order according to the means of payment proposed at the time of the Order: credit card only with the 3D Secure system.
To combat fraud, a control will be carried out with the banking institutions via the 3D Secure system.
The Order validated by the Purchaser shall only be effective once the relevant payment centers have given their approval. In the event that the aforementioned payment centers refuse to debit the amounts due, the Order shall be automatically cancelled, and the Client shall be notified by e-mail.
V/ DELIVERY
1. Delivery times
Charnay undertakes to deliver the Order placed by the Buyer within the time limit specified in the Order confirmation, and at the latest, within thirty (30) days of said date, except if the Product ordered requires special customization.
The indicative delivery times are as follows:
- Metropolitan France: 3 to 5 working days
- Overseas Departments, Regions and Territories (French DROM-COM): 7 to 10 working days
- Europe: 4 to 17 working days
- World: 10 to 15 working days
If the Product is not delivered within thirty (30) working days from the delivery date announced at the time of confirmation of the Order, the Buyer may proceed to the rescission of the sale, by sending an e-mail to the following address: contact@charnay-paris.com
The Products shall only be delivered to the countries listed in the drop-down menu (accessible during the Order validation process), in accordance with the address indicated by the Buyer during the Order process. It is the responsibility of the Buyer to provide all the necessary details for the proper delivery of the Order.
The Client shall bear the consequences (delay of delivery, impossibility of delivery, return of the Products to Charnay, etc.) resulting, if need be, from the erroneous and/or incomplete nature of the indications provided by him or her for the delivery and/or from an absence of the Buyer at the time of the delivery.
2. Shipping costs
Deliveries to Metropolitan France and DROM COM: standard shipping costs are included in the price.
Deliveries to European Union member states: standard shipping costs are included in the price.
Deliveries outside of the Euro zone: shipping costs are included in the price. All additional costs (taxes and/or customs duties) as well as possible formalities for customs clearance for a return from a country outside the European Union will be exclusively at the expense of the Buyer.
RIGHT OF WITHDRAWAL
The Buyer has a fourteen (14) day withdrawal period from the date of delivery of the Order to notify his or her decision to cancel and return the Product(s) for exchange or refund without penalty. When the fourteen (14) day period expires on a Saturday, Sunday or holiday, it is extended until the next business day.
In accordance with article L. 221-28 of the French Consumer Code, any Product that has been the subject of a special and/or customized and/or made-to-measure Order may not be returned or exchanged or refunded.
To return the Product, the Buyer can, at his or her choice, use the withdrawal form made available by Charnay on the customer account or contact Charnay by phone at 06.11.83.46.57 or by e-mail at the following address: contact@charnay-paris.com.
The returned Product must be in perfect condition (not used, not modified, not washed, not damaged), complete (certificate, guarantee) and in its original case. It must be accompanied by the return form sent by Charnay, or by the invoice and the contact details of the Buyer as well as the return number communicated by telephone or email.
The shipping costs related to the return of the Product are paid by Charnay. The return slip will be sent by e-mail to the Buyer who will have to affix it on the parcel in which the Product to be returned will be placed.
However, all possible additional costs (taxes and/or customs duties) as well as possible formalities for customs clearance for a return from a country outside the European Union will be exclusively at the expense of the Buyer.
The Product shall be returned to the following address
Charnay Company
5, rue Jussieu
69002 Lyon
Upon receipt of the Product, Charnay will send an e-mail to the Buyer to inform him or her of the receipt of the returned Product and inspect the condition of the Product.
Once the Product has been inspected, if the above-mentioned conditions are met, Charnay will proceed with the reimbursement of the price of the Product to the Buyer. This refund will be made within fourteen (14) days following the date on which you informed Charnay of your wish to return the Product, subject to the proper receipt of the Product within this period. Otherwise, the refund will be made upon receipt of the Product.
The refund will be made by the same means of payment as for the purchase.
The returned Product may also be exchanged, at the Buyer’s option.
Ownership of returned Charnay Products will only be transferred to Charnay when the Products arrive at the return destination and Charnay has inspected them.
VI/ WARRANTY AND RIGHT TO RETURN THE PRODUCT (HIDDEN DEFECTS)
The Buyer benefits from the legal guarantee of conformity of the goods provided for in Articles L. 217-1 and following of the French Consumer Code as well as the guarantee relating to hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code.
1. Legal guarantee of conformity
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
Under Article L. 217-3 of the French Consumer Code, Charnay is required to deliver goods that conform to the contract. The product is considered to be in conformity if it meets the following criteria:
1° It fits the description, type, quantity and quality, including functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the Buyer, brought to the attention of Charnay at the latest at the time of the conclusion of the contract and that the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract;
5° It fits the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
Under Article L. 217-7 of the French Consumer Code, defects in conformity that appear within twenty-four months of delivery of the goods, including goods with digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
However, damage, alterations or modifications to the Product caused by the Buyer’s action shall not qualify as a lack of conformity. Defects of conformity do not include, for example, damage caused by intensive use or usage; misuse or unsafe use; failure to follow applicable maintenance instructions. Variations in stone color and variations due to normal use of the Product are inherent to the Product and are not manufacturing defects.
Under Article L. 217-8 of the French Consumer Code, in the event of a lack of conformity, the Buyer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set forth in this subsection.
If the Buyer wishes to bring the goods into conformity with the criteria set out in Article L. 217-12 of the French Consumer Code, Charnay may not proceed according to this choice if the requested conformity is impossible or entails disproportionate costs, particularly with regard to:
1° The value that the goods would have if there were no lack of conformity;
2° The extent of the lack of conformity; and
3° The possibility of opting for the other choice without major inconvenience to the consumer.
Charnay may refuse to bring the good into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the Buyer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 and following of the French Civil Code.
Any refusal by Charnay to proceed according to the choice of the Buyer or to bring the good into conformity, shall be explained in writing or on a permanent medium.
Any good repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee of six months.
Under Article L. 217-4 of the French Consumer Code, the Buyer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° In the event of refusal of any measure to bring the good into conformity;
2° When the conformity is not achieved within thirty days of the Buyer’s request or if it causes a major inconvenience;
3° When the Buyer permanently bears the cost of repossession or removal of the nonconforming good, or bears the installation of the repaired or replacement good or the costs thereof;
4° When the non-conformity of the good persists despite the unsuccessful attempt to bring it into conformity.
The Buyer is also entitled to a reduction in the price of the Product or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. In such cases, the Buyer is not obliged to request repair or replacement of the good beforehand.
The Buyer shall not be entitled to rescind the sale if the lack of conformity is minor, which it is Charnay’s responsibility to demonstrate.
When the Buyer informs Charnay of his or her decision to rescind the contract, the reimbursement to the Buyer of the sums due by Charnay under this sub-section is made upon receipt of the Product or proof of its return by the Buyer and at the latest within fourteen (14) days thereafter. Charnay will reimburse these sums using the same means of payment as the one used by the Buyer at the time of the conclusion of the contract, except with the express agreement of the Buyer and in any case without additional costs.
The returned Product must be accompanied by the return form sent by Charnay to the Buyer, or by the invoice and the Buyer’s contact information as well as the return number communicated by phone or email.
The shipping costs related to the return of the Product being borne by Charnay, Charnay sends a return shipping slip by e-mail to the Buyer who must affix it to the package containing the Product to be returned.
2. Warranty of hidden defects
Under Article 1641 of the French Civil Code, Charnay is bound by the warranty for hidden defects of the good sold which render 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 have given a lesser price for it, if he had known about them.
The warranty against hidden defects applies only when the defect existed prior to the sale.
The Buyer has a period of 2 years from the discovery of the defect to act.
In the event of a hidden defect, the Buyer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.
In all cases, it is up to the Buyer to prove that he or she meets the conditions of the warranty. To do so, the Buyer must contact Charnay at the following email address: contact@charnay-paris.com.
If the Buyer proves the hidden defect, Charnay sends a return form to the Buyer who must join it to the parcel, or the invoice and the coordinates of the Buyer as well as the return number communicated by telephone or email.
The shipping costs related to the return of the Product are paid by Charnay. To this end, Charnay sends a return slip by e-mail to the Buyer who must affix it to the package containing the Product to be returned.
VII/ LIABILITY
Charnay is automatically liable towards the Buyer in case of non-performance or improper performance of the concluded contract.
However, Charnay shall not be held liable if the non-performance or the improper performance is linked either to the unforeseeable and insurmountable fact of a third party to the contract, or to an event of force majeure.
VIII/ PROTECTION OF PRIVACY
The Buyer is informed and accepts that his or her personal data1 may be collected on the Website and used by Charnay, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”).
Charnay undertakes to protect and ensure the security and confidentiality of the Buyer’s personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties.
In particular, the personal data of Buyers may be communicated to service providers and contractual partners who, as processors within the meaning of the GDPR, intervene and contribute directly to the management of the Order and for whom it is absolutely necessary to have access to the personal data provided by the Client at the time of the creation and use of his or her account (identity, postal address, telephone number, e-mail address). The processors can only act upon instructions from Charnay.
The Buyer’s personal data are collected for the following purposes:
- management of Orders and relations with the Buyer;
- information sent to the Buyer about Charnay’s brand and/or new offers, products, news and events;
- enhancement and improvement of the communication of the website and the brand by sending, in particular, newsletters and special offers according to the preferences of the Buyer noted on the site;
- improvement and customization of the services offered to the Buyer; and
- compliance with legal and regulatory obligations.
The personal data of the Buyer collected and processed for the needs of Charnay’s customer service are only kept for the duration of the commercial relationship.
The personal data of the Buyer relating to the purchase of Product(s) are in principle kept by Charnay for a period of five (5) years for the purpose of managing customer relations.
Personal data used for the purpose of sending commercial communications relating to Charnay’s offers, products, news and events are kept for a period of five (5) years from their collection.
When the Buyer creates a customer account, his or her identifying information is kept as long as the account is active or until Buyer closes the account.
In accordance with the GDPR, the Buyer has a right of access, rectification and opposition to personal data concerning him (hereinafter the “Droits Informatique et Libertés”).
To exercise one or more of his or her rights under the Droits Informatique et Libertés, the Buyer must address a request by e-mail to contact@charnay-paris.com or a letter to the address Charnay – 5 rue Jussieu – 69002 Lyon, France, specifying his or her client references. Each request must be signed and accompanied by a photocopy of an identity card bearing the signature of the Buyer and specify the address for the answer. The answer to the request made based on one or more rights under the Droits Informatique et Libertés will be sent within one (1) month following the reception of the request. The Buyer may communicate to Charnay specific directives in which he or she defines the way in which he or she intends to exercise, after his or her death, the rights under the Droits Informatique et Libertés in accordance with the GDPR.
Charnay may send to clients information about the brand’s products and commercial offers by letter, email, text messages, telephone or via all the web pages managed by Charnay on social networks, subject to prior acceptance.
The Buyer has at any time the right to oppose at no cost to this commercial prospecting, by clicking on the “unsubscribe” link in each commercial email, by making the request via email to contact@charnay-paris.com or a letter to the address Charnay – 5 rue Jussieu – 69002 Lyon, France, by unchecking the newsletter registration box in his or her Personal Information on the website or by answering STOP by text message.
(1) Personal data are any information relating to an identified or identifiable natural person, directly or indirectly, by means of an identifier or one or more factors specific to his or her identity (Article 4 RGPD).
IX/ MEDIATION
In case of difficulties in the application of these rights, the Buyer is invited by Charnay to seek an amicable solution by contacting Charnay via email at contact@charnay-paris.com or by letter sent to the address Charnay – 5 rue Jussieu – 69002 Lyon, France.
If the answer given by Charnay does not satisfy the Buyer, he or she can contact a médiateur de la consommation in accordance with the terms of article L.221-5 of the French Consumer Code.
The mediation entity is the Centre de Médiation et d’Arbitrage de Paris (CMAP).
The Buyer can send an email to: consommation@cmap.fr; or fill in the form available at http://www.cmap.fr/le-cmap/nous-saisir/nous-saisir-en-mediation-de-la-consommation-2/.
X/ APPLICABLE LAW AND JURISDICTION
These GCS are governed and interpreted in accordance with French law.
If the Buyer does not wish to resort to mediation, any dispute relating to the existence, validity, interpretation, termination of the contract or its consequences shall be submitted to the competent Court according to the rules of common law.