General terms and conditions of sale

General terms and conditions of sale

 

The present conditions of sale apply without restriction to all online sales concluded by Mrs. Laura Berda (the Seller), creator and manufacturer of jewellery articles, with buyers (the Customer) of legal age and not professionals wishing to acquire the products offered for sale on the e-commerce site: www.agriates.fr

These GTC are available to the Customer on the Seller's website where they can be consulted. They may also be sent to him on request by post.

Before placing an order, the Customer acknowledges having read these GTC by ticking the box provided for this purpose. By validating the order, the Customer automatically accepts the Seller's GTC in force on the day of the order.

 

Article 2 - Identity of the Seller:

Laura Berda

Trade’s name: Agriates

Registered office: 44 boulevard des Invalides, 75007 Paris, France

Registered RCS Paris 892 573 858 

Email: contact@agriates.fr

Person responsible for the processing of personal data: Mrs. Laura Berda

 

The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment of the order.

 

Article 3 - Orders (Product characteristics - Prices - Availability)

Haute Fantaisie Agriates jewellery, manufactured by hand, is essentially composed of natural precious and semi-precious gemstones. Each stone of the same gem is different.

As such, each piece of jewellery of the same model may present slight differences, notably in the nuances of colour, size and irregularity of the stones. This cannot be considered as a defect and the validity of the order cannot be questioned.

The jewels are invoiced in Euros, excluding taxes, at the rate in force on the day of the order, including packaging.

 Our rates are not subject to VAT in application of article 293B of the french General Tax Code.

Prices may be modified at any time without prior notice.

The items on sale on the site are supposed to be available.

If a piece of jewellery is indicated as "on order", this means that it is not immediately available but can be made within 2 weeks. For this, you will have to pay the full price of the jewel. You can also create an alert that will inform you by email when the product is available again on the site.

 If a size is not available on the website, it can be made to order by contacting customer service, who will confirm this possibility depending on the availability of raw materials.

Depending on the size requested and/or the choice of clasp different from that of the original model, an additional price may be requested. This will be communicated to the Customer before the order is confirmed.

The delivery time will then vary from 2 to 6 weeks, depending on the supply of gems. Payment will be made at the time of the order.

Special orders are possible on request. A quotation will then be established and payment will have to be made at the time of the order.

In the case of a special order, it cannot be returned, exchanged or refunded.

Before making a purchase, the customer must register on the site and have a personal account.

After checking the order (identification, email, address...) and correcting any errors, the customer must accept the GTC by ticking the corresponding box, and validate the order by proceeding with payment.

 The products offered for sale on the site Agriates are subjected to availability.

 In any case, and in the event of total or partial unavailability of products after placing the order resulting from an error in updating the stock, the customer will be informed by e-mail as soon as possible of the unavailability of the product and of the total or partial cancellation of his order.

In case of total cancellation of the order by the Seller:

The Customer's order will be automatically cancelled and his bank account will not be debited.

If the debit has been made, the Customer's account will be immediately refunded.

 Agriates’s customer service will contact the buyer to inform him of the cancellation of his order.

 It is reminded that purchases made on the agriates.fr site are reserved for non-professional private customers. This is why Agriates only sells its products in limited quantities.

In accordance with article L121-11 of the French Consumer Code, the Seller reserves the right to refuse or cancel for legitimate reasons any order for which the number of products or the amount to be paid (for a single order or for several orders combined) exceeds 1000.00€.

Finally, the Seller reserves the right to suspend or cancel any order in the event of non-payment by the buyer and will be entitled to cancel or refuse any abnormal or fraudulent order. Furthermore, the Seller shall be entitled to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.

Article 4 Payment

 Means of payment:

- By credit card via the Payplug application with secure online payment

- By PayPal

 Article 5 Shipping and delivery

Our products can be delivered in Metropolitan France and Corsica to the address indicated by the customer.

Shipping within the European Union on request.

For the proper execution of the order, the Customer undertakes to provide truthful identification details.

No shipment can be made to a post office box or hotel address.

When registering his personal details, the Customer must ensure that the compulsory data he provides is correct. 

The Customer is solely responsible for any failure to deliver due to a lack of information or incorrect information when ordering.

The Seller reserves the possibilitý to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason. 

Shipping times are in the order of 2 to 3 working days. 

Delivery times are in the order of 2 to 5 working days after the date of dispatch.

In the event of a delay in delivery of more than 5 working days after the indicative delivery date, the buyer shall have the option of cancelling the order, without being able to claim any compensation whatsoever.

Express delivery is possible on request. In this case, the shipping costs will be borne exclusively by the Customer.

 

Article 6 Returns - Right and time limit for withdrawal

Any return of a product must be subject to a prior and formal agreement between the Seller and the Customer.

Any product may be returned, within a maximum of 14 working days after its receipt, in its original packaging accompanied by the invoice. 

The Customer shall return the products to the Seller by post, with a tracking.

The tracking number must be communicated immediately to the Seller's Customer Service.

All return costs as well as the risks related to this return are the exclusive responsibility of the Customer. 

Consequently, the Customer is advised to insure the returned package.

The jewel must not have been worn or damaged and must have the Agriates label attached and intact.

Returns that do not meet the above criteria will be refused and returned to the customer.

No reimbursement will be made to the Customer who has not exercised his right of withdrawal under the conditions of this article.

As soon as the returned product is received, it will undergo the usual checks and the Customer will be reimbursed within 8 days by crediting the amount initially invoiced directly to his bank account or PayPal account, depending on the method of payment used at the time of the order.

 

Article 7 Retention of title 

The Seller retains full ownership of the products sold until full payment has been received.

 

Article 8 Composition, conditions of use and advice

Agriates jewellery is handmade in France. They are essentially made of precious and/or semi-precious stones and minerals from all over the world.

The clasps and primers are made of 925 solid silver or Gold filled (rolled gold), containing 5% pure 14ct gold on a Brass base.

Gold filled contains 50 to 100 times more gold than gold plated. Normally used, the jewel will keep its hold and shine for life.

Therefore, it is not recommended to put the jewellery in contact with cosmetics, detergents, perfume, sand and any product containing aggressive products and/or alcohol.

It is also not recommended to practice physical activity, to bathe or to sleep with your jewellery.

To clean them, use a soft brush soaked in soapy water and rinse immediately.

Dry with a very soft cloth.

Caution: some opalescent stones, such as Ethiopian Opal, may lose their brilliance if they are repeatedly exposed to water and/or left in water for a long time. 

People with a pacemaker should not wear jewellery with a magnetic clasp.

Please note that precautions should be taken with magnetic clasps:

 

- Excessive heat can cause the magnetic properties to fail. Any heat should be kept away from the clasp so as not to damage the inside of the magnets.

- Avoid subjecting the magnet of your bracelet to any friction or sudden movement that could open it (e.g., putting on and taking off your hand from a tight pocket, taking off a thick piece of clothing)

 

Article 9 Customer service

The Customer may contact the customer service department 

- By email at contact@agriates.fr

- By post at the following address 40 bis Avenue de Suffren, 75015 Paris, France

- By telephone from Monday to Friday 10-17H +33(0)616111118

 

Article 10 Seller's liability - Warranty

All products are covered by the legal warranty system and when the legal conditions are met, the Customer has a period of two (2) years from the date of receipt of the product to request the repair of the product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code

Article 10 Seller's liability - Warranty

All products benefit from the legal guarantee system and when the legal conditions are met, the Customer has a period of two (2) years from receipt of the product to request the repair of the product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.

Article 11 Intellectual property

All the content of the site www.agriates.fr is the exclusive property of Mrs Laura Berda and is protected by French and international laws relating to intellectual property. Consequently, all documents, photographs and publications may not be reproduced or used without the express permission of Mrs. Laura Berda

 

Mrs. Laura Berda is the owner of all intellectual property rights, trademarks and models.

The customer undertakes not to infringe this intellectual property.

In particular, he/she undertakes not to manufacture, sell or market, directly or indirectly, products that would be copies of the products created and sold by Mrs. Laura Berda on the Agriates site.

Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

 

Article 12 Personal data

Unless the customer expressly agrees, his personal data will not be used for advertising or marketing purposes. The seller will keep the personal data collected for a period of 5 years covering the time of prescription of the applicable contractual civil liability.

 

Protection of personal data

 

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data for the purposé of the sale and delivery of products and services defined in this contract. The data subject shall have the right to request from the controller access to personal data, rectification or erasure thereof, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to portabilitý of the data.

The data subject has the right to lodge a complaint with a supervisory authoritý.

All information requested by the Seller during the ordering process is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process. No personal information of the Customer is published without his knowledge, nor transferred or sold to third parties.

 

Article 13 Major forces

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.

 

Article 14 Applicable law and settlement of disputes

The present general terms and conditions of sale and the operations arising from them are subject to French law.

Mediation

In accordance with Article L. 612-1 of the Consumer Code, within a period of one year from the date of his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the right to make a request for amicable resolution by mediation, with:

 

SAS Médiation Solution 

222 chemin de la bergerie 01800 Saint Jean de Niost

Tel. 0482539306.

Mail: contact@sasmediationsolution-conso.fr

 

In accordance with the law on the right of withdrawal, any jewel that has been modified at the request of the customer cannot be exchanged or refunded.

If the dispute cannot be resolved by the mediator, the competent court, which will be that of the Customer's domicile or the place of shipment of the product, may be seized.