General Terms and Conditions
These general conditions of sale and use of the site (hereinafter, the “CGV”) apply between:
1) IDENTITY OF THE SELLER
The company MANAL PARIS, SAS, a Simplified Joint Stock Company with share capital of €1,000 euros, registered in the Paris Trade Register under SIREN number 838 515 369, SIRET number: 838 515 369 00018, whose head office is located at 5 Rue Etex, 75018 Paris (hereinafter, “We”, “Us”, “Our”, the “Company”, or “MANAL PARIS”)
And
Any adult natural person acting exclusively within the strict framework of their personal needs, who consults the website www.manalparis.com (hereinafter, the “Site”) and/or makes a purchase from MANAL PARIS (hereinafter “ You”, “Your”, “Your” or The Customer).
The General Terms and Conditions apply to products sold on the site www.manalparis.com operated and put online by the Company MANAL PARIS. All orders on the Site are subject to the General Terms and Conditions. These are subject to modifications and updates, the General Terms and Conditions applicable to the order of a product by a Customer are those in force on the day of the order.
All of this information is in French. The Customer declares that he has full legal capacity allowing him to commit to these General Terms and Conditions.
When recording their personal data, the customer must pay attention to the accuracy of the information given. MANAL PARIS is not held responsible if it is impossible to deliver the product due to an error in the address communicated by the Customer.
MANAL PARIS is not responsible for verifying the customer's identity.
2) PRODUCTS
Each product offered on the Site is accompanied by one or more photographs, a descriptive text of the materials and colors, this information is not contractual.
The descriptions and photographs of the products sold on the Site are as accurate and faithful to reality as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or internet browsers used to view them.
The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the Seller's liability in the event of an error, omission or modification.
However, MANAL PARIS undertakes to ensure that the photographic representation of the products on the site is as faithful as possible to the product.
Products are sold while stocks last. MANAL PARIS also reserves the right to limit the quantity of products that may be ordered by a customer during a single purchasing transaction , in particular to guarantee product availability . Orders cannot include more than six (6) products in a single purchase transaction on the Site.
3) ORDER TERMS
When the Customer places an order on the Site, the Customer declares to be of legal age and fully capable of entering into a contract. The Customer acknowledges having also read and accepted the General Terms and Conditions upon validation of each order.
Taking an order on the Site or by Email is subject to compliance with the procedure set up by MANAL PARIS on the site including successive steps leading to validation of the Order.
Please note that any order placement results in an obligation to pay.
In order to place an order, the Customer undertakes to communicate via the Site or by Email only the real and valid information necessary for the execution of the service covered by the General Terms and Conditions. MANAL PARIS cannot be held responsible for incorrect information transmitted by the Client resulting in non-performance of the service covered by the T&Cs. The Customer can access his data at any time and modify it in the “my account” section or by e-mail.
Any order will only be deemed validated after receipt and acceptance of payment by MANAL PARIS. MANAL PARIS will be entitled to refuse or cancel any order relating to a Customer in dispute over a previous order or if MANAL PARIS suspects a violation of the General Terms and Conditions or any attempt at fraud. In this case, the order will be canceled and refunded within 14 days following payment.
Orders are accepted while stocks last. In the event that MANAL PARIS is unable to deliver the item ordered or to deliver within the time limits indicated due to a stock shortage, MANAL PARIS will immediately inform the Customer and offer a similar item.
Whatever the Customer's choice regarding the substitute product, the first order will be canceled and will be refunded within 14 days following payment.
The permanent or temporary unavailability of a product cannot in any way engage the liability of MANAL PARIS and cannot entitle the Customer to compensation or damages.
By validating his order, the Customer acknowledges unreservedly accepting all of the General Terms and Conditions.
4) PRICES AND PAYMENT TERMS
4.1 Payment currency
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order).
4.2 Price changes
MANAL PARIS may modify product prices at any time and without notice, particularly due to changes in the economic, legislative and fiscal framework. The products are invoiced on the basis of the price in effect at the time of validation of the order.
Prices will be confirmed to you before placing and paying for the order. No changes will affect existing confirmed orders (unless there has been an obvious pricing error in the product price).
The products remain the full property of the company MANAL PARIS until full payment of the price of each order by the Customer.
4.3 Payment of orders
Payment for purchases is made via the secure platform. The customer expressly acknowledges that the communication of his bank card number to MANAL PARIS constitutes authorization to debit his account up to the price of the products ordered. If applicable, a notification of order cancellation for non-payment is sent to the customer by MANAL PARIS to the email address provided by the customer when registering on the Site.
The data recorded and kept by MANAL PARIS constitutes proof of the order and all past sales. The data recorded by the payment platform (Stripe or Alma) constitutes proof of any financial transaction between the customer and MANAL PARIS.
The Customer can pay for the order:
(I) by bank card (Visa, MasterCard, American Express or Carte Bleue): the amount of the order is then debited within 7 (seven) days. The order registration date is that of online payment.
(II) by Stripe: the amount of the order is then debited at the same time. The order registration date is that of online payment.
(III) by bank transfer: We provide you with the bank details of MANAL PARIS. The Customer must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The date the order is recorded is that of receipt of funds on the MANAL PARIS account.
4.4 Invoice
An invoice for your order will be sent to you by email upon confirmation of your order. A paper invoice will also be sent with the order if desired (request it by email or telephone).
4.5 Overseas Shipping
For delivery outside the European Union, the customer must pay customs duties or other taxes due when importing the products into the country of delivery. The related formalities are also the sole responsibility of the Client.
The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
4.6 Non-negotiable prices
The prices of Our products are not negotiable. Indeed, we strive to charge the fairest prices possible. The final price of our creations reflects the costs inherent to French manufacturing placed under the sign of excellence and to the prices of raw materials such as metal and stone.
5) DELIVERIES
The Products ordered are delivered within the deadlines indicated on the Site and recalled in the order confirmation, and in any case within 30 days of the order. The deadlines indicated on the Site and when confirming the order are for information only and correspond to the average processing and delivery time of the package.
In the event that the Product is damaged on delivery, the customer must check in the presence of the carrier the condition of the products in his order and indicate precisely on the carrier's delivery note any reservations in the event of a missing or damaged item.
The Customer is required to check the Products upon delivery and sign the delivery note which will be given to him. In the event of reservations regarding the condition (damage) of the Product, the Customer must refuse the Product.
In the event that the carrier does not allow the Customer the opportunity to check the condition of the package, the Customer must report within the deadlines and conditions mentioned in article 8 of the General Terms and Conditions.
The Products are delivered worldwide.
No delivery can be made to a hotel or post office box address.
Deliveries are made by the Colissimo, FedEx or Ferrari service and delivery costs may be added to the price of products invoiced excluding.
In the event that special manufacturing or processing should be carried out, the Customer will be notified by email as quickly as possible.
The Customer will be kept informed of any delivery delays of which we are aware.
Finally, shipments of several ordered products may be split if certain creations are available earlier than others.
It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.
6) RIGHT OF WITHDRAWAL AND RETURN TERMS
In the event that the Customer is not satisfied with the products ordered remotely, he has a right of withdrawal of 14 clear days from the day of receipt of his order to return one or more items, without justifying the reason, except for creations made to order.
However, in accordance with article L.221-28 3°) of the Consumer Code in France, the right of withdrawal cannot be exercised when the product is manufactured according to the Customer's specifications or clearly personalized at the Customer's request. “Semi-measured” or “custom-made” Products are therefore excluded from the scope of the right of withdrawal.
In cases where the Customer wishes to exercise his right of withdrawal, he must inform MANAL PARIS of his decision to withdraw by sending, before the expiry of the aforementioned period of (14) days, a declaration devoid of ambiguity using the withdrawal form available on the website http://www.manalparis.com/ (Appendix I below), which he will send by email to the address contact@manalparis.com, to which case an acknowledgment of receipt will be immediately communicated to the Customer by email by MANAL PARIS.
The Product(s) subject to withdrawal must be in new condition, not have been worn, used, or subject to any use and returned in their original packaging allowing their re-marketing on the New condition and accompanied by the purchase invoice.
The Products will not be taken back in the event of non-compliance with the aforementioned return conditions and in particular in the presence of damaged, soiled or incomplete Products and will be returned to the Customer at their expense.
In the event of exercising the right of withdrawal, the Customer will organize the return at his convenience, at his own expense and at his own risk to the following address:
MANAL PARIS
5 rue Etex
75018 Paris France
MANAL PARIS strongly advises its Customers to return the Products by Colissimo or insured Max Letter. The customer also has the possibility to choose the carrier of his choice. It is also recommended to provide proof of this return, which requires that the products are returned with package tracking, or by any other means giving a certain date.
Upon receipt, and subject to these return conditions, MANAL PARIS will reimburse the order excluding initial shipping costs by crediting the customer's bank account within 14 days following the date of shipment of the package by the Customer by the same means of payment that the Customer used to pay for their order
After 14 days from the online order, the Customer can no longer withdraw.
7) GUARANTEES AND LIABILITY
7.1 Legal guarantees
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The Products offered comply with current French legislation. All Products benefit from the legal regime of the guarantee of conformity provided for in articles L217-4 et seq. of the Consumer Code, as well as the guarantee against hidden defects in articles 1641 et seq. of the Civil Code. Please note that as part of the legal guarantee of conformity for consumers, the Customer has a period of two (2) years from delivery of the Products to act. He can choose between repair or replacement subject to the cost conditions provided for by article L.217-9 of the Consumer Code. It is exempt from providing proof of the existence of the lack of conformity of the Products, at the time of delivery during the 24 months following delivery of the Products. This guarantee applies independently of any commercial guarantee referred to in article 8 “Complaints” below. The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and can then choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. The warranty does not cover:
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7.2 Liability
- MANAL PARIS is only liable, whatever the legal basis, for damage directly caused by it.
Thus, MANAL PARIS cannot be held liable in cases where:
- do not comply with the legislation of the country in which they are delivered, this verification belonging to the Customer,
- in the event of force majeure as referred to in article 10.
The MANAL PARIS guarantee is, in any event, not to exceed the value of the Product purchased by the Customer.
The Customer declares to be informed of the constraints and limits of Internet networks. Consequently, MANAL PARIS cannot under any circumstances be held responsible for malfunctions in access to the Site, speeds of opening and consultation of pages, temporary or permanent inaccessibility of the Site or fraudulent use by third party of the information made available on the Site.
Consequently, it is the Customer's responsibility to protect their computer or other equipment, in particular against any form of intrusion and/or contamination by viruses. MANAL PARIS cannot under any circumstances be held responsible for this fact. MANAL PARIS cannot be held responsible for any malfunction or deterioration of the Customer's equipment.
8) Complaints
In the event of non-receipt of the package, the Customer may send his complaint at the expiration of a period of thirty (30) days after formalization of the order.
MANAL PARIS undertakes to reship the Products purchased at its expense within 8 weeks for mainland France and 10 weeks for any other destination from the date of complaint and after confirmation by the carrier that the package has been lost .
If delivery has still not taken place after this new deadline, the Customer may cancel the order by registered letter with acknowledgment of receipt. MANAL PARIS will fully reimburse the amounts paid by the Customer within fourteen (14) days of receipt of the order cancellation request.
In the event of a defect or non-conformity of the Product, the Customer can choose between repair or replacement of the Product ordered.
In order to assert his rights, the Customer must inform MANAL PARIS of the nature of his complaint, by email addressed to the address contact@manalparis.com accompanied by any supporting documents (e.g. photographs) of the Product in dispute to return it within the condition in which it was received with all the elements (accessories, packaging, instructions, etc.).
Only if MANAL PARIS Quality Control (QC) judges that non-compliance is proven or the existence of a defect, damage results from an original defect in or manufacturing of the Product, MANAL PARIS will replace or make repair, at its own expense, Products or parts deemed non-compliant or defective. Otherwise, the repair or replacement costs, as well as delivery costs, will be the responsibility of the Customer.
In particular, no guarantee of repair or replacement will apply to any jewelry in the event of resizing or any operation carried out in a workshop other than that of MANAL PARIS.
In the event of return of the Product, the shipping costs will be reimbursed to the Customer upon presentation of supporting documents in the event that non-compliance is proven.
IMPORTANT: Reimbursement is only possible if repair or replacement is impossible.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following MANAL PARIS' observation of the defect or lack of conformity of the Product.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
8) PROTECTION OF PERSONAL DATA
Personal information relating to the Customer is essential for the processing and delivery of orders, and the preparation of invoices.
The company MANAL PARIS undertakes not to disclose to third parties the information communicated by Customers on the site. These are confidential. They will only be used for processing the order and monitoring commercial relations and will be treated with complete confidentiality taking into account the personal data communicated by the Customer.
The Customer has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data which concern him, which he can exercise with MANAL PARIS. You can exercise this right by sending us a letter to the following address:
MANAL PARIS 5 rue Etex – 75018 Paris – France
When recording their personal data, the customer must pay attention to the accuracy of the information given. MANAL PARIS is not held responsible if it is impossible to deliver the product.
MANAL PARIS is not responsible for verifying the customer's identity.
9) INTELLECTUAL PROPERTY
The Customer acknowledges that the MANAL PARIS Products and the distinctive signs (image, brands, photographs, packaging, product names, etc.) are the exclusive property of MANAL PARIS.
The Customer is prohibited from any act of reproduction or use of the Products and distinctive signs used by MANAL PARIS, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by MANAL PARIS by a patent, trademark, registered design and model, copyright or know-how.
10) Force Majeure
MANAL PARIS is exempt from its contractual or legal obligations in the event of force majeure which totally or partially prevents the execution of the order. The obligations of MANAL PARIS are suspended for the duration of the force majeure at the end of which the deadlines which had been suspended begin to run again.
The following are considered to be force majeure:
- strike events beyond the control of Site or its service providers.
- the blocking of rail, road or air networks with regard to the chosen mode of transport.
- acts of war or terrorism.
- health crises.
- climatic bad weather.
11) APPLICABLE LAW, LANGUAGE, MEDIATION AND DISPUTES
These General Terms and Conditions and accepted orders are subject to French law.
The language of the General Conditions of Sale and accepted orders is French.
In the event of a dispute , you can contact MANAL PARIS customer service by email at contact@manalparis.com under the conditions set out in article 8 of the General Terms and Conditions.
In the event of failure of the complaint made to the service mentioned above, you can, as a consumer, submit your dispute with MANAL PARIS to mediation by contacting the consumer mediator free of charge, whose contact details are as follows:
E-commerce and distance selling federation (FEVAD)
60 rue La Boétie
75008 Paris
Telephone: 01 42 56 38 86
Email: contact@fevad.com
In the event of failure of mediation , the Parties agree that the courts of Paris will have exclusive jurisdiction to judge the matter.
12) GENERAL PROVISIONS
In the event of contradictions between these T&Cs and divergent written agreements between a user and MANAL PARIS, the provisions of the diverging agreements prevail over these T&Cs.
- If certain provisions of these T&Cs are or become void, this does not affect the rest of the content of the T&Cs. The ineffective provision must be replaced by an effective provision which is legally valid and which comes as close as possible to the economic intention of the user and MANAL PARIS.
13) COOKIES
When consulting the site, information relating to Customers' navigation may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by MANAL PARIS Paris in order to facilitate navigation on the site and make it possible to recognize Customers' browsers when they are connected to the Site.
These cookies are issued in order to:
- Establish traffic statistics (number of visits, pages viewed, abandonment in the order process, etc.)
- Adapt the presentation of the Site to the display preferences of the terminals,
- Memorize information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
- MANAL PARIS Paris reserves the right to install cookies on the Customer's computer during visits to the Site.
A cookie does not identify the Client but is intended to indicate any previous visit by the Client to the Site in order to help MANAL PARIS Paris personalize its services.
The Customer can make settings so that cookies are deactivated and thus prevent cookies from being installed, without their express consent, on their computer. Any settings implemented by the Customer may modify Internet browsing and the conditions of access to certain services on the Site requiring the use of Cookies.
The Customer can express and modify his wishes regarding cookies at any time, by the means described below: The Site uses computer applications from third parties, which allow the Customer to share content from the Site with other people or to make known to these other people their opinion concerning content on the Site. (Social networks such as Facebook, "Google+", "Twitter", etc.).
When the Customer consults a page of the Site containing a “Share” or “Like” button, his browser establishes a direct connection with the servers of the social network concerned. If he is connected to the social network while browsing, the application buttons allow you to link the pages consulted to his account. If he interacts using the plug-ins, for example by clicking the “Like” button or leaving a comment, the corresponding information will be transmitted to the respective social network and published on his account. If the Customer does not want social networks to link the information collected through the Site to his account, he must disconnect from the social network concerned before visiting the Site.
MANAL PARIS Paris is in no way responsible in any capacity whatsoever for the content or operation of any social networks, including those which may be linked to the Site.
ANNEX 1
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract by email to contact@manalparis.com:
To the attention of
MANAL PARIS
5 Rue Etex
75018 Paris
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to distance purchasing detailed below :
Order number :
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
@MANAL__PARIS
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