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General Terms of Sale

1. Purpose

The website www.bijouxmedecinedouce.com (hereinafter referred to as “the Site”) is an electronic commerce site published by Sysiphe, a limited company (SARL) with capital of 35,000 euros, whose registered office is at 10, rue de Marseille in the 10th arrondissement in Paris, registered in the Business and Companies' Register, Paris, under number B 433 230 752, intra-community VAT number FR 35 433230752.

Sysiphe (hereinafter referred to as “the Vendor”) offers a selection of “Medecine Douce” and “Beaurepaire” brand products on the Site (hereinafter referred to as “the Products”) to non-professional buyers, individuals who are consumers, aged over 18 and legally independent (hereinafter referred to as “the Customer”).

The purpose of these General Terms of Sale (hereinafter referred to as “GTS”) is to establish the relations between the Vendor and the Customer browsing or purchasing on the Site. The Vendor may modify them at any time without notice, the applicable terms being those in force on the date of the order. All orders placed with the Vendor on the Site imply the Customer’s unreserved acceptance of these GTS.

2. Products

The descriptions and photographs of the Products sold on the Site are as accurate and faithful to reality as possible. However, the colours, sizes, textures and other characteristics of the Products may be altered by the screens and Internet browsers used to view them. As these are items of hand-made jewellery, certain lengths shown may vary by roughly 10%. Similarly, certain materials used may present irregularities inherent to their natural character or to the fact that they are hand-made.

The Customer therefore acknowledges that the photographs, descriptions or graphics accompanying and illustrating the Products on sale on the Site are for guidance only, are not contractually binding and may not cause the Vendor to be held liable in the event of an error, omission or modification.

3. Orders

To place an order, the Customer agrees to communicate via the Site only the genuine, valid information required to perform the services as described in these GTS. The Vendor may not be held liable for any erroneous information given by the Customer and leading to the non-performance of the services as described in these GTS. The Customer may access and modify his personal details at any time on the “My Account” page.

No orders will be considered to have been approved until payment has been accepted. The Vendor will have the right to refuse or cancel any order relating to a Customer who is in dispute over a previous order.

Orders are accepted within the limits of available stocks. The Vendor may not be held liable for the permanent or temporary non-availability of a product, nor may the Customer claim compensation or damages for such non-availability. Once the Vendor has approved the order, the Customer receives a confirmation e-mail.

4. Prices

The prices shown on the Site are expressed in euros, inclusive of tax (French VAT and other taxes that may apply on the day of the order) but excluding a contribution to packing, order processing and carriage costs.
The packing, order processing and carriage costs are shown before the order is confirmed.
The Vendor may change the prices of the Products at any time without notice, particularly as a result of changes to the economic, legislative and fiscal framework. The Products are invoiced at the rate in force when the order is confirmed.

 

5. Payment

The Customer pays for his purchases on the Site by bank card only (Visa, Eurocard/Mastercard). The Customer’s bank card is debited for the full amount at the moment the order id confirmed and the amounts paid may at no time be considered to be deposits or down-payments. The information relating to the Customer’s bank card, communicated by the Customer on the Site, constitutes an authorisation for the Vendor to debit his account for the full cost of the order.

The transactions and information communicated by the Customer on the Site are secured by the use of the SSL (Secure Socket Layer) bank card data encryption protocol and by procedures that comply with the PCI DSS (Payment Card Industry Data Security Standard). Customer data linked to transactions are kept on the bank information processing system and are not communicated to the Vendor.

The Products remain the Vendor’s property until the Customer has paid the price in full.

 

6. Delivery

In accordance with the provisions of article L 121-20-3 of the Consumer Regulations, the ordered Products are delivered within the timelines shown on the Site and when the order is confirmed, and within 30 working days of receipt of the order. The timelines shown on the Site and when the order is confirmed are given for guidance only and correspond to the average time taken to process and transport the parcel.

If the parcel arrives damaged on delivery, the Customer must check the condition of the Products from his order in the carrier’s presence and express full reservations on the carrier’s delivery note concerning any missing or damaged articles.

If the parcel arrives damaged on delivery, the Customer must check the condition of the Products from his order in the carrier’s presence and express full reservations on the carrier’s delivery note concerning any missing or damaged articles.

 

7. Right of withdrawal and article returns

If the Customer is not satisfied with the Products, he has 7 full days from the date of receiving his order in which to express his right of withdrawal and return one or more articles, without having to give a reason.

The returned Products must be in new condition, must not have been worn or used in any way whatsoever, must be in their original packaging and must be accompanied by a copy of the invoice. The Customer will organise the return at his own convenience, expense and risk to the following address:

Sysiphe
10, rue de Marseille
75010 Paris - France

On receipt, and subject to the above return conditions, the Vendor will refund the cost of the order, less initial shipping costs, by crediting the Customer’s bank account within 2 weeks of receiving the parcel.
If the Customer fails to abide by the return conditions, the parcel will be returned to him at his expense and no refund will be paid.

 

8. Guarantees

The Products are covered by the legal guarantee of conformity and the legal guarantee of hidden defects. The abnormal or non-compliant use of the Products and the consequences of such forms of use or external causes are not covered by the contractual guarantees.

Concerning access to the Site and each stage in the buying process, from order to shipment and subsequent services, the Vendor has only an obligation of due care and may not be held liable for any inconvenience or damage inherent to the use of the Internet, particularly a breakdown in the service, an external intrusion or the presence of computer viruses or an case of force majeure.

 

9. Force majeure

In the event of an incident classed as an Act of God or force majeure, the performance of the Vendor’s and Customer’s obligations linked to the services defined in these GTS will be suspended without compensation on either side. The following are considered as cases of force majeure or Acts of God, in addition to those usually accepted in case law in the French courts: total or partial strikes, lock-out, riots, boycotting or other actions of an industrial nature or commercial disputes, civil disorder, insurrection, war, bad weather, epidemic, transport or supply stoppages for any reason whatsoever, earthquake, fire, storm, flooding, water damage, government or legal restrictions, legal or regulatory changes to forms of trade, computer breakdown, telecommunications breakdown, including cable or Hertzian telecommunications, and any other cause beyond the parties’ control that prevents the normal performance of the contractual relationship.

If the Act of God or force majeure extends beyond two weeks, the contract may be terminated without compensation on either side.

 

10. Protection of personal information

The information collected on the Site when an order is placed undergoes computer processing and constitutes a database, the aim of which is to improve the quality of the service provided on the Site. This database has been declared to the “Commission Nationale de l’Informatique et des Libertés” (CNIL).

The Vendor undertakes not to disclose the information communicated by the Customer on the Site to any third parties. In accordance with the “Loi Informatique et Libertés” of 6 January 1978 (equivalent to the British Data Protection Act), amended in 2004, the Customer has the right to access and correct any information concerning him, which he may exercise by writing to contact@bijouxmedecinedouce.com.

 

11. Intellectual property

12. Medecine Douce and Beaurepaire are registered trademarks. All the texts, logos, illustrations, images, videos and models – this list is not restrictive - reproduced on the Site are the sole property of the Vendor and are covered by copyright and intellectual property rights throughout the world. Therefore, and in accordance with the provisions of the Intellectual Property Regulations, they may only be used for private purposes. Any other form of use constitutes a forgery and is punishable by law unless the Vendor has given his authorisation.

 

12. Applicable law

These GTS are subject to French law.

If one of the terms of these GTS is declared by a competent court to be null and void or unenforceable, the other GTS stipulations will remain in force..

In the event of a dispute, the Customer should first of all contact the Vendor with a view to reaching an amicable settlement. If such a settlement cannot be reached, the matter may be referred only to the French common law courts, even in cases of the plurality of defendants or the introduction of third parties.

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