The present general conditions of sale are concluded on the one hand by the company ZAG BIJOUX (the “Seller”), with a share capital of €13,500, whose registered office is located at 159 rue du Temple, 75003 Paris, registered with the Paris Trade and Companies Registry under the number 52099414600014 and managing the website zagbijoux.fr and, on the other hand, by any individual or legal entity (the “Customer”) wishing to make a purchase via the website www.zagbijoux.fr.
The General Terms and Conditions of Sale apply to all product orders placed via the www.zagbijoux.fr website.
Article 1. Subject
The present conditions of sale aim at defining the contractual relations between ZAG Bijoux and the Customer, and the conditions applicable to any purchase carried out by the means of Internet site www.zagbijoux.fr The acquisition of a product through this site implies an acceptance without reserve by the Customer of the present conditions of sale of which the Customer recognizes to have taken knowledge before his order. Before any transaction, the Customer declares on the one hand, that the purchase of products on the site is not directly related to his professional activity and is limited to a strictly personal use, and on the other hand, to have full legal capacity, allowing him to commit himself under these terms and conditions of sale.
The company ZAG Bijoux preserves the possibility of modifying at any time these conditions of sale, in order to respect all new regulations or with an aim of improving the use of its site. Consequently, the applicable conditions will be those in force at the date of the order by the Customer.
Article 2. Products
The products offered are those listed on the www.zagbijoux.fr website of the company ZAG Bijoux, within the limits of available stocks. The company ZAG Bijoux reserves the right to modify the range of products at any time. Each product is presented on the website in the form of a description of its main technical characteristics (composition, size, color …). The photographs are as faithful as possible but do not commit the Seller. The sale of the products presented on the www.zagbijoux.fr website is intended for all Customers residing in the countries of the European Union.
Article 3. Prices
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) all taxes included (VAT included) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the price of the products. The company ZAG Bijoux reserves the right to modify its prices constantly, however being understood that the price appearing in the catalog the day of the order will be the only one applicable to the Customer. The prices indicated do not include the delivery charges, invoiced in supplement of the price of the products bought according to the total amount of the order. In metropolitan France, a flat-rate contribution to shipping costs will be invoiced to the Customer, in the amount of 6.00 euros including tax.
For deliveries outside metropolitan France, please refer to the amount that will be specified during the order finalization process.
Article 4. Order and terms of payment
Before any order, the Customer must create an account on the www.zagbijoux.fr website. At each visit, the Customer, if he wishes to order or consult his account (order status, profile…), must identify himself using this information. The company ZAG Bijoux proposes to the Customer to order and pay for its products in several stages.
The Customer selects the products that he wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the Customer, as well as the name of the carrier.
It is possible to pay by PayPal or credit card.
For payments by credit card, the Customer must be the holder of the credit card used. He/she accesses a dedicated space made available by a banking establishment, which ensures the security and recording of the payment order.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center…), the debiting of the sums due by the Customer would prove impossible, the order will not be recorded by ZAG Bijoux.
Article 5. Retention of title
The company ZAG Bijoux preserves the full and whole property of the sold products until the perfect collection of the price, in principal, expenses and taxes included/understood.
Article 6. Withdrawal
Pursuant to Article L121-20 of the Consumer Code, the Customer has a period of fourteen working days from the delivery of their order to exercise his right of withdrawal and thus return the product to the seller for reimbursement without penalty except for the cost of return, provided that the products have not been worn and that the jewelry can keep its small reference tag.
It is not possible to replace or exchange the returned products. It will be necessary to place a new order online.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO, delivery service with tracking, delivery against signature. Delivery times are given only as an indication; if they exceed thirty days from the order, the contract of sale may be terminated and the Customer reimbursed. The company ZAG Bijoux will be able to provide by e-mail to the Customer the number of follow-up of his parcel. The Customer is delivered to his residence by his letter carrier. In the event of absence, the Customer will receive a transit advice note from his factor, which enables him to withdraw the products ordered at the nearest post office, during a time indicated by the postal services. The risks related to transport are the responsibility of the purchaser as from the moment when the articles leave the premises of the company ZAG Bijoux. The Customer is held to check in the presence of the employee of the Post office or the deliveryman, the state of the packing of the goods and its contents with the delivery. In the event of damage during transport, if the parcel is damaged, torn or opened, the customer must imperatively refuse the parcel and note a reserve on the delivery note of which he will have to claim the copy. This verification is deemed to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip. Any protest must be made to the carrier, by registered letter, within three days of delivery. A copy of this letter must be sent to [email protected]
Article 8. Guarantee
All the products provided by the company ZAG Bijoux profit from the legal guarantee envisaged by articles 1641 and following of the Civil code. In the event of nonconformity of a sold product, it could be turned over to the company ZAG Bijoux which will take again it, the exchange or will refund it. All the complaints or requests for refunding must be carried out by postal way with the following address: ZAG Bijoux, 177 rue du Temple, 75003 Paris, FRANCE, within 14 days after delivery.
ZAG products are guaranteed for one year against any production defect upon presentation of the invoice.
However, the warranty does not cover:
natural wear and tear of the product;
the breakage of an element constituting the jewel;
the non-conforming use and maintenance as well as the defects of use or maintenance;
deterioration due to a handling error, abusive or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes;
apparent defects and products damaged during transport, after delivery or due to improper use;
interventions carried out on the jewelry by any person not authorized by the After-Sales Service as well as any deterioration resulting from such an intervention.
Please send your return requests to [email protected] (invoice, photo of the product and description of the defect) before any physical return of the product.
Article 9. Responsibility
The company ZAG Bijoux in the process of distance selling, is bound only by an obligation of means. Its responsibility could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service, or other involuntary problems.
Article 10. Intellectual Property
All the elements of the www.zagbijoux.fr site are and remain the intellectual and exclusive property of the company ZAG Bijoux. Nobody is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text. Any simple link or by hypertext is strictly prohibited, except with the express written agreement of ZAG bijoux.
Certain products were the object of a registration as drawing and model and are automatically protected by the copyright.
The Customer is prohibited any act of reproduction or use of the models of product, packaging, photographs, compositions of photographs, concepts, names of products, texts, illustrations, marks or distinctive signs, trade secrets, techniques or know-how used by ZAG Bijoux, as well as any act tending to the appropriation of these elements, that they are or not the object of a protection by ZAG Bijoux, by a mark, a drawing and model or a copyright.
Article 11. Data of a personal nature
The company ZAG Bijoux makes a commitment to preserve the confidentiality of the information provided by the Customer, which it would be brought to transmit for the use of certain services. Any information concerning it is subjected to the provisions of the law n°78-17 of January 6, 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. He can make a request at any time by mail to the following address: ZAG Bijoux, 177 rue du Temple, 75003 Paris, France.
Article 12. Applicable law and disputes
In the event of litigation, the Customer can address to the Customer service of ZAG Bijoux by e-mail to: [email protected]
An amicable solution will be sought before any legal action. Failing this, all the litigations to which the present contract could give rise, concerning so much its validity, its interpretation, its execution, its cancellation, their consequences and their continuations will be subjected to the competent court in accordance with the rules of competence of the common law.
The General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The present terms and conditions of distance selling are subject to French law. For any dispute or litigation, the French courts shall have sole jurisdiction.