TERMS OF SALES
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a user / natural person (hereinafter the "CUSTOMER") on the website reahlydog.com (hereinafter referred to as the "Terms and Conditions"). "SITE") with the microenterprise TIPHAINE COSTEL GONCALVES registered in the chamber of trades and crafts of Meurthe-et-Moselle under the number 532764909RM54, having its registered office at 327 rue de Vouachalons 54200 TOUL, France.
(hereinafter the "SELLER")
Any order placed on the SITE implies the unconditional acceptance of the CLIENT of these general conditions of sale.
ARTICLE 1 - Definitions
The following terms have the following meanings in these Terms and Conditions:
"CUSTOMER": means the contractual partner of the SELLER, who guarantees to have the quality of consumer as defined by the law and the French jurisprudence. As such, it is expressly provided that this CLIENT acts outside any usual or commercial activity.
"DELIVERY": refers to the first presentation of the CREATIONS ordered by the CUSTOMER at the delivery address indicated during the order.
"CREATIONS": refers to all the products available on the SITE.
ARTICLE 2 - Purpose
These General Conditions govern the sale by the SELLER to his CLIENTS of the CREATIONS.
The CLIENT is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the SELLER in order to benefit from separate contractual conditions.
ARTICLE 3 - Acceptance of General Conditions
The CUSTOMER undertakes to read these General Conditions carefully and to accept them, before proceeding to the payment of an order of CREATIONS passed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CLIENT is invited to read carefully, download, print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Terms and Conditions for each new order, the latest version of these Terms applying to any new order of CREATIONS.
By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4 - Purchase of products on the site
To be able to buy a CREATION, the CUSTOMER must be at least 18 years old and have the legal capacity or, if it is minor, be able to justify the agreement of its legal representatives.
The CLIENT will be invited to provide information to identify it by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CLIENT can check on the SITE the status of his order. The follow-up of DELIVERIES can, if necessary, be carried out using the tools of follow-up of line of certain carriers. The CUSTOMER may also contact the SELLER at any time by email via the contact form, to obtain information on the status of his order.
The information that the CLIENT provides to the SELLER during an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.
The SELLER is not responsible for the misuse of a CREATION.
No CREATIONS can be guaranteed in time, it is the responsibility of the CLIENT to regularly check the condition of the latter and use it as described by the SELLER.
ARTICLE 5 - Orders
5.1. Characteristic of the creations
The SELLER undertakes to present the essential characteristics of the CREATIONS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under the applicable law (in these Terms and Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless expressly stated otherwise on the SITE, all CREATIONS sold by the SELLER are new and in compliance with the European legislation in force and the standards applicable in France.
Some CREATIONS are unique or produced in small series and may not necessarily be redone identically.
The CREATIONS being made from semiprecious stones are not all identical, the stones being natural each is different. As a result, no CREATIONS are alike.
Some creations are customizable, so they are not taken back or exchanged.
The responsibility of the SELLER can not be engaged in case of non-compliance with the legislation of the country where the product is used.
5.2. Order procedure
CRÉATIONS orders are directly placed on the SITE. To place an order, the CUSTOMER must follow the steps described below (note however that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of CREATIONS and purchase options
The CUSTOMER must select the CREATION (s) of his choice by clicking on the CREATION (s) concerned (s) and choosing the desired characteristics and quantities. Once the CREATION is selected, the CREATION is placed in the CLIENT's basket. The latter can then add to his basket as much CREATION as he wishes.
Once the CREATIONS selected and placed in his basket, the CLIENT must click on the basket and check that the contents of his order is correct. If the CLIENT has not yet done so, he will then be asked to identify himself or to register.
Once the CUSTOMER has validated the contents of the basket and has identified / registered, will be presented an automatically completed online form and summarizing the price, the applicable taxes and, if applicable, the costs of delivery.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the CREATIONS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER may then proceed to the payment of the CREATIONS by following the instructions on the SITE and provide all the information necessary for the invoicing and DELIVERY of the CREATIONS. For CREATIONS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CLIENT must also select the delivery method chosen.
5.2.3. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER's order to be processed by the SELLER).
All personalized CREATIONS orders can not be made if there is no payment made in advance.
In particular, the CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the DELIVERY address.
The CLIENT must then specify the payment method chosen.
Neither the order form that the CLIENT establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice to the DELIVERY of CREATIONS, by email.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.
For all CREATIONS, the CUSTOMER will find on the WEBSITE prices displayed in Euro Excluding VAT (VAT not applicable, article 293 B of the CGI), as well as the delivery charges applicable (depending on the weight of the package, excluding packaging and gifts , the address of DELIVERY and the carrier or mode of transport chosen).
Vendor prices of the SELLER are subject to change. As a result, the prices listed on the SITE may change. They can also be modified in case of offers or special sales.
The prices indicated are valid, except gross error. The applicable price is the one indicated on the SITE on the date when the order is placed by the CLIENT.
5.5. Availability of CREATIONS
The unavailability of a CREATION is in principle indicated on the page of the CREATION concerned.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the CREATION is unavailable.
As a reminder, most CREATIONS are unique and can not necessarily be reproduced.
The availability and exclusivity of CREATIONS varies according to the availability at the vendor of the SELLER and the creativity of it.
The CREATIONS of the Swarovski range are only available for pre-order.
These will be dispatched within 15 working days.
The SELLER may, at the request of the CLIENT:
Either offer to ship all CREATIONS at the same time as soon as the CREATIONS out of stock will be available again,
Either proceed with a partial shipment of the CREATIONS available at first, then with the dispatch of the rest of the order when the other CREATIONS will be available, subject to a clear information concerning the additional transport costs that may be incurred,
Either propose an alternative CREATION of quality and equivalent prices, accepted by the CLIENT.
If the CUSTOMER decides to cancel his order of unavailable CREATIONS, he will obtain the refund of all the sums paid for the unavailable CREATIONS at the latest within thirty (30) days of the payment.
ARTICLE 6 - Right of withdrawal and exchanges
In accordance with the provisions of the Consumer Code, the CUSTOMER has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, to the exception of return costs which are borne by the buyer.
The SELLER may, however, postpone the refund until recovery of the product or until the customer has provided proof of the shipment of the product, the date chosen being the date of the first of these facts.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website in ANNEX 1. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of retraction is accepted. The CLIENT must inform the SELLER by the mode of his choice, contact form on the site or by post to the following address: TIPHAINE COSTEL GONCALVES 327 rue de Vouchalons 54200 TOUL. It must be unambiguous and express the will to retract. In case of exercise of the right of withdrawal within the aforementioned period, are refunded the price of the product (s) purchased (s). The return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 14 days from the receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions According to the article L221-28 of the Code of the consumption, the right of retraction can not be exerted for the contracts: of supply of goods made according to the specifications of the consumer or clearly personalized. No request for exchange will be taken in account.
ARTICLE 7 - Payments
7.1. Means of payment
The CUSTOMER may pay his CREATIONS online on the SITE according to the means proposed by the SELLER.
The CLIENT guarantees to the SELLER that he holds all the authorizations required to use the means of payment chosen.
The SELLER will take all necessary measures to ensure the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified that all payment information provided on the SITE is transmitted to the bank of the SITE and are not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the account of the CUSTOMER will be debited as soon as the order of CREATIONS passed on the SITE.
If the CUSTOMER decides to cancel the order of unavailable CREATIONS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.
7.3. Delay or refusal of payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER to pay the order by any other means of payment.
In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT would be impossible, the order will be canceled and the sale automatically terminated.
All personalized CREATIONS orders can not be made if there is no payment made in advance.
ARTICLE 8 - Transfer of ownership
The SELLER remains the owner of the CREATIONS delivered until their complete payment by the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the PRODUCTS subject to the reservation. ownership, as well as the risk of damage that may result.
ARTICLE 9 - Delivery
The terms of DELIVERY of CREATIONS are provided in the "delivery" section referred to in Appendix 2 herein and accessible at the bottom of each page of the WEBSITE via a hypertext link.
ARTICLE 10 - Packaging
The CREATIONS will be packaged in accordance with the applicable transportation standards, to ensure maximum protection for CREATIONS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 - procedures for exercising the right of withdrawal.
ARTICLE 11 - Warranties
12.1. Compliance guarantee
Article L.211-4 of the Consumer Code: "The seller is obliged to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Article L.211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
The SELLER is required to deliver a REAL CREATION that is to say fit for the expected use of a similar good and corresponding to the description given on the SITE. This compliance also assumes that the CREATION has the qualities that a buyer can legitimately expect given the public statements made by the SELLER, including in advertising and labeling.
In this context, the SELLER is likely to respond to existing defects of conformity during the delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it was put in his charge or was carried out under his responsibility.
In case of lack of conformity, the CUSTOMER may request the replacement or repair of the CREATION, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate with regard to the other possible option, given the value of the PRODUCT or the size of the defect, the SELLER may proceed to a refund, without following the chosen option. by the customer.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: TIPHAINE COSTEL GONCALVES 327 rue de Vouchalons 54200 TOUL.
Finally, the CLIENT will have to prove the existence of the lack of conformity of CREATION to the SELLER.
12.2. Hidden defects warranty
The SELLER is bound by the guarantee due to hidden defects of the CREATION sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the CLIENT would not have acquired it, or would not have given a lower price, had he known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the refund of the price of the CREATION if it is returned and the refund of a part of its price, if the CREATION is not returned.
In the event that a replacement or repair is impossible, the SELLER undertakes to return the price of the CREATION within 30 days upon receipt of the CREATION returned and in return for the return of the CREATION by the CLIENT at the following address : TIPHAINE COSTEL GONCALVES 327 rue de Vouchalons 54200 TOUL. The action resulting from the latent defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)
ARTICLE 13 - Liability
The SELLER shall not be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CLIENT, in particular when entering the order.
The SELLER can not be held responsible, or considered to have failed, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly related to the SITE. Consequently, it excludes any liability for the information published therein. Links to third party websites are provided for informational purposes only and no warranty is provided as to their content.
ARTICLE 14 - Personal Data
The SELLER collects personal data about his Customers on the SITE, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze the orders and, if the CUSTOMER has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and / or special sales information, unless the CLIENT no longer wishes to receive such communications from the SELLER.
The CUSTOMER's data are kept confidential by the SELLER in accordance with his declaration made to the CNIL under the number 2019, for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer to his business partners the names and contact details of his CLIENTS, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The SELLER may also ask his CUSTOMERS if they wish to receive commercial solicitations from his partners.
In accordance with the law n ° 78-17 of January 6th, 1978 relative to the data processing with the files and the liberties, the CLIENT profits from a right of access, rectification, opposition (for legitimate motives) and suppression of his personal data. He can exercise this right by sending an e-mail via the contact form on the site by sending an e-mail to: TIPHAINE COSTEL GONCALVES 327 rue de Vouchalons 54200 TOUL.
It is specified that the CLIENT must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
ARTICLE 15 - Claims
The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: 06.72.10.19.10 Monday to Friday from 10am to 5.30pm.
Any written complaint from the CLIENT must be sent to the following address: TIPHAINE COSTEL GONCALVES 327 rue de Vouchalons 54200 TOUL. Or by mail via the contact form.
ARTICLE 16 - Intellectual Property
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
ARTICLE 17 - Validity of the general conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions can not affect the validity of these General Conditions. Such modification or decision does not authorize the CUSTOMERS to disregard these General Conditions.
Any conditions not expressly dealt with herein shall be governed by the use of the retail trade sector for companies whose head office is in France.
ARTICLE 18 - Modification of the general conditions
These Terms and Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Terms and Conditions are accurately dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the Terms and Conditions will not apply to CREA's already purchased.
ARTICLE 19 - Jurisdiction and applicable law
These General Conditions as well as the relations between the CLIENT and the SELLER are governed by French law.
In case of dispute, only the French courts will be competent.
However, prior to any recourse to the arbitration judge or state, will be privileged negotiation in a spirit of loyalty and good faith with a view to reach an amicable agreement upon the occurrence of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If, after a period of fifteen (15) days, the parties can not reach an agreement, the dispute shall be submitted to the competent court designated below.
Throughout the entire negotiation process and until its outcome, the parties refrain from taking any legal action against each other and for the conflict that is the subject of the negotiation. Exceptionally, the parties are allowed to appeal to the court of summary proceedings or to request the issuance of an order on request. A possible action before the court of interim relief or the implementation of a procedure on request does not entail on the part of the parties any waiver of the amicable settlement clause, unless otherwise expressly agreed.
APPENDIX 1 WITHDRAWAL FORM
To the attention of [*] (* SELLER contact details)
SELLER's phone number *:
SELLER's fax number *:
SELLER's email address *:
I hereby notify you of my withdrawal from the contract for the sale of the CREATION below:
N ° of the invoice:
N ° of the purchase order:
- Ordered on [____________] and received on [________________]
- Payment method used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- Delivery address :
- CLIENT's signature (except in case of transmission by email)
APPENDIX 2 - DELIVERY POLICY
We deliver anywhere in the world, contact us for a delivery quote if it has not been calculated by the site.
CREATIONS are shipped to the delivery address (es) that the CUSTOMER has indicated during the ordering process.
The deadlines for preparing an order and then preparing the invoice, before shipping the CREATIONS in stock are mentioned on the SITE at the bottom of the page on the hypertext link Delivery. These deadlines are excluding weekends or holidays.
An e-mail will automatically be sent to the CUSTOMER at the time of shipping CREATIONS, provided that the email address on the registration form is correct.
Delivery time & delivery
During the ordering process, the SELLER informs the CLIENT of the possible delivery times and formulas for the CREATIONS purchased.
Shipping costs are calculated according to the delivery method. The amount of these costs will be owed by the CLIENT in addition to the price of the CREATIONS purchased.
The details of delivery times and charges are detailed on the SITE.
Terms of delivery
The parcel will be given to the CLIENT according to the modalities chosen during the order.
The CUSTOMER is informed of the delivery date set at the moment he chooses the carrier, at the end of the online ordering procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this period, he may terminate the contract.
The SELLER shall refund, without undue delay upon receipt of the termination letter, the CLIENT the total amount paid for the CREATIONS, including taxes and delivery charges, using the same method of payment as that used by the CLIENT to purchase CREATIONS.
The SELLER is responsible until the delivery of the CREATIONS to the CLIENT. It is reminded that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.
However, if the CUSTOMER chooses a method of delivery without compensation from the Post, the SELLER will not be held responsible for damage, loss or damage to the package and / or CREATION.