1. PREAMBLE
SÈVE JOAILLERIE SASU, registered under SIREN 948 975 743 and
domiciled at 5 RUE SAINT MARC 75002 PARIS (hereinafter "the Seller") is a
company specializing in the creation and sale of jewelry items
(hereinafter "the Products") to buyers (hereinafter "the
Clients").
These General Terms and Conditions of Sale (hereinafter "the GTCS")
apply to any order (hereinafter "Order") of one or more
products, placed by the Client on the website https://seve-paris.com/ (hereinafter "
the "Site").
Any order implies full and unreserved acceptance of these
GTCS; no product can be sent or purchased without full acceptance
of the GTCS.
2. DEFINITIONS
"GTCS": Refers to these General
Terms and Conditions of Sale.
"Client": Refers to any natural person
using the Site and placing an order on the Site who confirms having the
capacity to contract with the Seller to make a purchase.
"Order": Refers to the online ordering service
for products available on the Site. The Client places their order online
and receives their product under the conditions provided in these GTCS.
"Site": Refers to the Seller's website
on which the Products are offered for sale.
"Product": Refers to jewelry items
or accessories offered for sale on the Site.
"Seller": Refers to the company SÈVE.
3. SCOPE OF APPLICATION
These general terms and conditions of sale (GTCS) constitute the rules
applicable to the transaction between the Client and the Seller. These are
systematically sent or given to each Client before any order and at the time of
Order registration. Any order placed by the buyer implies unreserved and full acceptance
of these GTCS.
These GTCS will be subject to the buyer's acceptance, who must,
before any order is processed, tick a box to this effect after
having read the document.
These GTCS are applicable to the sale of Products.
The fact that the Seller does not avail itself at any given time of any
of these general terms and conditions of sale cannot be
interpreted as a waiver of the right to subsequently avail itself of
any of the said conditions.
The GTCS may be subject to modifications, so the Client is invited
to consult any modifications before placing any order.
The applicable GTCS will be those online and in force at the time of placing
the Order.
4. ORDER
Firstly, any order placed on the Site must be made
by an adult individual, having the legal capacity to enter into contracts and
providing a delivery address served by SÈVE. Any person not having
the capacity to place an order must necessarily go through a
legal representative, guardian or any person meeting the above criteria.
Orders that can be placed on the SÈVE website are strictly
reserved for individuals.
All our pieces are only available for pre-order, so an average waiting time
of 4 to 8 weeks once your order is processed must
be taken into account (this processing time may be longer in case
of an international order). For general or particularly urgent special requests,
contact SÈVE via the contact form available on the website.
Any Client purchasing Products on the Site undertakes to do so
for non-commercial and non-professional purposes. Each Client
thus undertakes not to purchase the products for profit, by reselling
or distributing them in any way whatsoever.
In the event of a malfunction of the Site affecting
orders or transactions, or a stockout concerning the
ordered products, SÈVE will have the possibility of cancelling the online
order placed by the Client. The latter will be informed as soon as possible
by e-mail or SMS to indicate the reason for the cancellation of their
order.
For the Client to place an Order on the Site, certain information
must be communicated to the Seller.
Including:
• their full name
• their email address
• their mobile phone number
• their desired password (if an account is created)
• their address
• their bank details
In case of creating a Client account, a confirmation summary email will be sent
to the Client at the email address they provided.
The Client undertakes to provide accurate and complete information, and it is their
responsibility to update this information if necessary. The Client
undertakes not to create an account under a false identity.
Access to the Client Account is protected by a personal and
confidential password. The Client undertakes to keep it secret and not to communicate
it to third parties for any reason whatsoever. The Client is responsible for their
password. The Seller cannot be held responsible for any use of
the Client's account by a third party who has accessed their username and
password in any way whatsoever. If they notice that their account
is being used fraudulently, the Client undertakes to report it
immediately to the Seller.
Before placing any definitive order, the Client will have the
possibility to verify the characteristics of their order, and to correct
any errors, before confirming it. To proceed with an order, the Client
must click on the Pay button and enter their payment information.
Once the order is placed on the Site, a confirmation email will be sent
to the Client, indicating their order number, the details
of the ordered SÈVE Products, as well as these GTCS.
The images posted on the Site and those communicated by SÈVE do not
guarantee that the received Products will be strictly identical. Minor
differences may thus exist between the photos and the Product
received by the Client. SÈVE cannot be held responsible for any minor differences
that may occur.
In accordance with the provisions of Article L. 121-11 of the Consumer Code,
SÈVE may refuse an order at any time for a legitimate reason:
➢ Previous dispute with the Client
➢ Payment default or incident during a
previous order
➢ Particularly abnormal order, due to particularly excessive
quantities or amounts.
5. ORDER MODIFICATION AND CANCELLATION
The Client is aware and informed that all SÈVE pieces are
made to order only. Therefore, if the client wishes to
cancel or modify their order, they must contact SÈVE within 24
hours of placing the order.
Regarding SÈVE Products falling into the category of personalized products,
in accordance with the provisions of Article L.221-28 3° of the Consumer Code,
the right of withdrawal applicable to distance selling cannot be exercised
in the case of the supply of goods which, due to their personalized manufacturing
on demand, cannot be sold to another Client.
24 hours after placing the order and in accordance with the aforementioned provisions,
it is clearly indicated that any Order on the Site is firm
and final, therefore the exercise of the right of withdrawal is excluded. In accordance
with Article L.221-28 of the Consumer Code, the Client may not
exercise their right of withdrawal for:
- Products manufactured according to Client specifications or
personalized at their request;
- Products that have been unsealed by the Client after delivery and
Products that cannot be returned for reasons of hygiene or health
protection.
Thus, 24 hours after the validation and payment of the order, no
merchandise can be cancelled, exchanged or refunded.
6. PRICE
Products are supplied at prices in force at the time of order placement,
expressed in euros and including the VAT applicable on the day of the order;
any change in the rate may be reflected in the price of products or services.
The applicable price is that in force on the day the order is placed.
The prices of Products indicated on the Site are stated inclusive of all taxes, excluding shipping costs.
SÈVE reserves the right to modify prices at any time.
Shipping costs are indicated at the time of order placement and
vary depending on the Client's geographical location.
In case of an error in the amount of prices displayed on the Site, SÈVE reserves
the right not to supply Products whose price would likely
be incorrect. The Client will be informed of this situation through the various
communication channels available and provided by the Client. In case of
an order being placed, the latter will be cancelled and the price paid will be
refunded within 14 days from the cancellation to the bank card
used to place the Order.
7. DELIVERY
- a) Modalities
Delivery is made in accordance with the order by handing over the product
to the Client at the address indicated.
No delivery can be made to public or collective places such as hotels,
post office boxes, pick-up points or non-fixed addresses.
The ordering process will follow the following scheme:
➢ Add to cart: adding to cart does not guarantee
product availability in any way; only order confirmation will validate
the purchase
➢ Verification and validation of Products placed in the
cart: The Site will offer to verify the cart before proceeding to the order
process.
➢ Order and Client information entry: At this stage, the Client
enters their personal delivery information and proceeds with payment.
- b) Deadlines
The delivery period begins and starts to run on the day the order confirmation email is sent. SÈVE undertakes to make its best efforts to ensure that the carrier delivers the Product within the estimated delivery times.
In case of delay in the delivery of the Product, SÈVE will keep the Client informed of said delay and will implement all means at its disposal to remedy it.
Exceeding delivery times cannot give rise to damages, deductions, or cancellation of ongoing orders.
All deliveries are made by DHL with hand delivery against signature. We ship both locally and internationally. All our shipments are sent via DHL and are fully traceable. We will send you a shipping confirmation email including a tracking number as soon as your order is shipped. You can use this number to track your order online.
Shipping costs will be calculated based on your location at checkout. Please note that international shipments may incur import or customs fees upon entry into the destination country. We do not cover these duties and taxes, so they are the responsibility of the recipient. Unfortunately, we have no control over these potential fees and cannot predict their amount. Please contact your local customs office for more information before placing an order.
- c) Reception
Upon receipt, a handwritten signature of the Client will be required
to confirm delivery of the Product. Once this signature is made, responsibility for the Products
is transferred to the Client. All international or French deliveries
are made by DHL; these orders are traceable via the tracking number
that we will communicate at the time of placing the order. For international shipments, import or customs fees may be added.
In the event that another recipient was indicated on the Order,
their signature constitutes a transfer of responsibility and full
and complete execution of the sales contract between SÈVE and the Client.
Upon receipt of the Product, the Client undertakes to check the package,
its contents, and to make any reservations or claims regarding the condition or
conformity of the Product. In case of opening or deterioration, the carrier
must be informed of any defects relating to the received package.
In such a case, it is strongly recommended that the Client precisely and
in detail indicate the damage found on the Product.
Consequently, the absence of reservations from the Client will be considered
as full and complete acceptance of the Product and will constitute execution of
the sales contract. This execution of the sales contract obviously does not exclude
the application of applicable legal guarantees.
- d) Returns
In application of article L.221-28 of the Consumer Code, the Client
may not exercise a right of withdrawal for:
➢ Products manufactured according to Client
specifications or personalized at their request; ➢
Products that have been unsealed by the Client after delivery and Products
that cannot be returned for reasons of hygiene or health
protection
We do not accept returns of merchandise. All our pieces are
made to order and therefore cannot be exchanged or returned.
All our products are carefully inspected by our quality team
before being shipped to ensure high quality standards.
Unfortunately, damage to items due to normal wear and tear is not
refundable and will not be accepted. Please be sure to read our
care information to avoid any potential damage to your piece.
8. WARRANTY
- a) Scope
The Client benefits from the legal guarantee of conformity in accordance
with articles L. 217-4 to L. 217-12 of the Consumer Code and the legal guarantee
relating to defects of the sold item in accordance with articles
1641 to 1648 of the Civil Code.
Based on the legal guarantee of conformity, the Client:
- Has a period of two (2) years from delivery of the product
to act against POPOTE;
- When repair is possible, they can choose between repair
or replacement of the product, subject to the cost conditions provided
for in article L. 217-9 of the French Consumer Code;
- Is exempted from proving the existence of the lack of conformity
of the product during this period. The legal guarantee applies
independently of any commercial guarantee that may be offered. The
Client may decide to invoke the guarantee against hidden defects
of the sold item within the meaning of articles 1641 to 1648 and 2232 of the French Civil Code
and, in this case, they can choose between rescission of the
sale or a reduction in the selling price in accordance with article 1644 of the
French Civil Code.
GUARANTEE OF CONFORMITY
Article L. 217-4 of the Consumer Code:
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was carried out under their responsibility or agreed in the contract.
Article L. 217-5 of the Consumer Code:
The goods conform to the contract if:
1o They are fit for the purpose usually expected of similar goods and, where applicable:
- they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling;
2o Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L. 217-12 of the Consumer Code:
The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code:
When the buyer asks the seller, during the commercial warranty period granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is later than the request for intervention.
GUARANTEE AGAINST HIDDEN DEFECTS
Article 1641 of the Civil Code:
The seller is bound by the guarantee against hidden defects of the sold item which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have given a lower price for it, had they known about them.
Article 1648, first paragraph, of the Civil Code:
The action resulting from redhibitory vices must be brought by the acquirer within two years from the discovery of the vice.
The photographs offered on the Site are not contractual and cannot engage the responsibility of SÈVE.
SÈVE does not guarantee that the product descriptions, measurements, and color palettes indicated on the Site exactly match the finished Product. This information is given for indicative purposes and may vary slightly.
- b) Exclusions
Excluded are defects and deteriorations caused by natural wear and tear or by an external accident (breakage, falls, impacts, crushing, oxidation), by a modification of the product not foreseen or specified by the Seller, by its abnormal use, for its use under conditions different from those for which it is manufactured, particularly under conditions not prescribed by the manufacturer or the Seller.
SÈVE will not be responsible for the non-delivery of the Product if the non-performance is attributable to the buyer, to an unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
9. PAYMENT
In the event that payment fails during an Order process, the sale will be immediately terminated and the order cancelled by SÈVE.
The provisions of Article 1359 of the Civil Code are moreover inapplicable to sales concluded on the Site.
Any order on the Site must be followed by a payment via PayPal or credit card (cards of the network accepted by SÈVE).
Once the Customer has entered the necessary information for the Order and the execution of the delivery, the latter will be redirected to a secure page to proceed with the payment. The sums paid for the order cannot be considered as deposits or down payments.
Personal data transmitted during payment falls under the personal data policy available on the site.
An invoice will be sent to the Customer by email to the address indicated during the Order.
Generally, during the ordering process, the total amount will be debited as soon as the order is placed by the Customer.
If the delivery process encounters problems falling within the reasons for legal guarantees or if the shipment is not carried out correctly, the prepayment will be reimbursed as soon as possible.
10. INTELLECTUAL PROPERTY
Unless expressly authorized in advance by SÈVE, the buyer is prohibited from any use of its intellectual and industrial property rights in any manner whatsoever.
Any reproduction, complete or partial, modification or use of the Site and its content, whether texts, images, representations, illustrations, photographs, logos, brands) for any reason whatsoever or on any medium whatsoever, is strictly forbidden without the written, express and prior authorization of the Seller.
11. FORCE MAJEURE
The Seller cannot be held responsible if the non-execution or the delay in the execution of any of its obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code, and those usually recognized by French jurisprudence.
The Customer and the Seller are informed and aware that Article 1195 of the Civil Code cannot be applied.
12. APPLICABLE LAW
The Contract is governed by French law.
IN CASE OF DISPUTE RELATING TO THE INTERPRETATION, VALIDITY AND/OR EXECUTION OF ANY OF THE PROVISIONS OF THE CONTRACT, THE PARTIES MUST SEEK AN AMICABLE SETTLEMENT OF THEIR DISAGREEMENT WITHIN ONE YEAR FROM THE NOTIFICATION OF THE DISAGREEMENT BY ONE PARTY TO THE OTHER BY REGISTERED LETTER.
FAILING TO REACH AN AMICABLE SOLUTION WITHIN THIS PERIOD, THE DISPUTE WILL FALL UNDER THE JURISDICTION OF THE DEFENDANT'S COURT OR THAT OF THE PRODUCT'S DELIVERY LOCATION. ANY REFERRAL TO A COURT IN VIOLATION OF THIS OBLIGATION CONSTITUTES A BAR TO ADMISSIBILITY.
If an amicable compromise is not found, the Customer may refer the matter to the Fevad mediation service on the following website:
https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso.
The Customer can also use the European dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
13. COOKIES
This document constitutes the basis of the Site's personal data policy. Other documents should be consulted for any useful information concerning cookies.
While browsing our Site, identifying information may be collected to improve the accessibility and personalization of the Site.
Cookies are text files saved and stored in your browser when you visit our Site.
Cookies can pursue different purposes grouped into the following three categories:
- Strictly necessary cookies
These cookies are necessary for the proper functioning of the Site. If the User decides to disable them, many of the Site's features and customization options will be blocked.
Thanks to these cookies, SÈVE retains the choices expressed by users to personalize the interfaces on the Site. Based on legitimate interest, these cookies do not require prior consent and therefore do not appear in the consent management module.
- Functional cookies and trackers
Like strictly necessary cookies, these cookies improve the browsing experience by personalizing the Site according to the User's preferences. These cookies prevent the need to enter identifying information each time you log in.
The use of these cookies is subject to your prior consent, the management of your consent can be done through the management module offered on the Site.
- Statistical or audience measurement cookies
These cookies allow SÈVE to collect anonymous statistical traffic information. Thanks to these cookies, SÈVE daily improves the performance of the Site.
These cookies are implemented on the basis of your prior consent or SÈVE's legitimate interest when the conditions for exemption from consent are met.
The SÈVE site uses session cookies.
The use of session cookies is essential for the proper functioning of the Site. These disappear as soon as the browser is closed, consequently they cannot be disabled.
Through third-party blocking sites or through your browser's cookie usage options, the storage and placement of cookies can be limited. Please note that your navigation on the Site may be modified or diminished if certain cookies have been restricted.
In accordance with legal provisions, your consent to the collection of cookies is valid for 13 months. The use of cookies allows SÈVE to perform the following actions:
- Personalization of the Site and recording of Data to allow faster access to the products and services offered by SÈVE;
- Site audience analysis, particularly thanks to the total number of visitors and pages viewed; Depending on the location of use of the Site and the version used, you can disable or restrict cookies through your browser settings in the following way:
For Mozilla Firefox: Select the menu then click on "Settings", then look for the "Privacy & Security" tab. Look for the keyword "Cookies" then choose between the "Standard", "Strict" or "Custom" options.
For Microsoft Edge: Select the "Settings" menu, then click on the "Privacy, search, and services" tab and use the slider to select the desired level.
For Safari: From the Safari menu, select "Preferences", then click on "Security" and select the desired options.
For Google Chrome: select the Chrome menu, then choose "Settings" and click on "Privacy and security". In this section, choose "Cookies and other site data"; then select the options offered according to the required requirements.
14. LIABILITY
If it turns out that, in accordance with legal guarantees and current laws, SÈVE's liability is engaged, compensation for damages suffered by the Customer cannot exceed the price paid for the Order.
It should be noted that this limitation of liability may not apply in certain countries due to national legislation relating to consumer law.
