General Conditions of Sale / General Conditions of Use

ARTICLE 1 - ACCEPTANCE OF THE CGV and CGU
LJ Créa, specializes in the online marketing of jewelry, hereinafter referred to as the “Product(s)”. These General Conditions of Sale and General Conditions of Use, hereinafter referred to as the “CGV” and “CGU” , apply to all sales of Products sold by the company on the website www.lj-crea.com, hereinafter referred to as the “Site”, to any natural person for use outside its scope. professional activity, hereinafter referred to as the “Customer” and whose delivery possibility is international. Any order placed on the Site constitutes acceptance of these CGV-CVU. No Product from the Site may be purchased by the Customer without having previously accepted these CGV-CVU . For the purposes of this Agreement, it is agreed that the Client and the Company are collectively referred to as the “Parties” and individually referred to as the “Party”.
ARTICLE 2 - PRODUCTS
The company informs the Customer of the essential characteristics of the Products offered for sale on the Site. The Customer can consult the essential characteristics of the Products by clicking on “Product Details” which may be for jewelry: The material, the color(s), the size, the shapes, etc. The representation of the Products on the Site is not contractual. . As computer or smartphone screens may alter or change the appearance differently as well as the appearance of materials, the company is not responsible for the accuracy of the colors of the Products or the appearance of the Product displayed. online on the Site.
The company respects the optimal conditions for good conservation of the Products and cannot be responsible in the event of deterioration in the quality of the Products due to poor conservation of them by the Customer.
The company undertakes to honor online orders while stocks last. The Products available are those appearing on the Site on the day of its consultation by the Customer, unless otherwise stated. The Customer can know the stock of the Product he wishes, but this stock is communicated for information purposes only. At any time, the company reserves the right to cease marketing a Product, without this calling into question orders already placed for said Product. In the event of a lack of availability or in the event of an ordered Product being out of stock, the company undertakes to inform the Customer as soon as possible by email or telephone. The Customer may then cancel his order. In the event of cancellation, the Customer will be reimbursed within a maximum period of fourteen days from receipt of their reimbursement request if payment has already been made.
ORDER
Orders are placed online, directly on the Site. When placing the first order, the Customer must create a customer account by providing their personal information, including: Title, First and Last Name, Postal address, valid email address, Password, date of birth. The Client undertakes to communicate accurate and complete information. The information communicated by the Customer when creating his account is binding on him. The company is not responsible for non-receipt of the Products in the event of an error in the Customer's personal information attributable to the latter. If they lose their password, the Customer can follow the “Forgotten password” link. They will be asked to enter their email address in the corresponding field and the system will send them a link allowing them to change their password.
The Customer browses the Site and places his order using the Products presented on the Site. By clicking on the Product, you access the essential characteristics of the Products and their presentation. The Customer can select the quantity of the Product and/or the Product options he wishes to purchase, then click on “Add to cart”. When the Customer has a customer account, he identifies himself using his email address as well as his password determined during registration. The Customer can modify his personal information and in particular the delivery address in his account settings. The Customer has the option of using a billing address different from his delivery address. The Customer then selects their delivery method, then their payment method where they provide their bank details. The Customer must check the box “I have read the General Conditions of Sale and I agree to them without reservation”. In this way, he acknowledges having read these General Terms and Conditions and accepts them without reservation. Finally, to validate their order, the Customer clicks on the “order with payment obligation” icon. The Customer then receives an order confirmation as well as the invoice to the email address that the Customer provided when placing the order. As soon as his order is registered and at the latest at the time of delivery of the Product, an acknowledgment of receipt thereof is sent to him to the email address he provided. This acknowledgment of receipt specifies: The order number, the essential characteristics of the Product, the quantity ordered, the amount invoiced, including transport costs, confirmation of payment, the terms and delivery address of the order, the company details. This acknowledgment of receipt validates the transaction. The Customer accepts that computerized registration systems constitute proof of purchase and its date. The company reserves the right to refuse or cancel any order from a Customer in the event of: Dispute relating to non-payment of a previous order existing with the Customer Abnormal orders with regard to the quantities ordered.

ARTICLE 3 – FINANCIAL CONDITIONS

Prices are indicated in €uros, all taxes included, excluding transport costs and excluding customs duties or other duties and/or taxes linked to the importation of the Products into the Customer's country, where applicable, including this the latter will do its job. It is specified that the value added tax is French VAT at the standard rate in force on the day the order is validated. The company reserves the right to modify the prices indicated on the Site at any time and without notice. The Products will be invoiced on the basis of the prices in effect at the time the order is validated by the Customer. The amount of delivery costs depends on the geographical delivery area and the weight of the order. In any case, the amount of delivery costs is indicated to the Customer before validation of the order. Delivery costs are listed in an order transport price list. Deliveries outside Europe may be subject to fees, customs duties and/or taxes. Full payment for the order is made directly on the Site, when ordering. Payment is made exclusively by credit card. At no time does the Client's financial data pass through the company's computer system. The transaction is immediately debited from the Customer's bank card after verification of the card's data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer. In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes the company to debit his bank card for the amount corresponding to the price of the Products to which are added the delivery costs, all taxes included, the Customer then confirms that he is the holder of the bank card to be debited, that the name appearing on the bank card is in fact his and that he has the necessary authorizations to make the payment if necessary. The Customer communicates the sixteen digits and the expiration date of his credit card as well as, where applicable, the numbers of the visual cryptogram. In the event that the debit of the sums due by the Customer would be impossible, the online sale would be immediately canceled automatically and the order would be canceled.

ARTICLE 4 – DELIVERY

The Products are delivered to the delivery address indicated by the Customer during the order process. The Customer will be required to verify the completeness and conformity of the information he provides, the latter being, under no circumstances, responsible for possible entry errors and the consequences in terms of delay or delivery error. In this context, all costs incurred for the return of the Products will be entirely the responsibility of the Customer. Orders will be delivered within a maximum of thirty (30) working days in mainland France. It is specified that the delivery times indicated are in working days, excluding Saturdays, Sundays and public holidays, and correspond to the usual average times including the processing, preparation and delivery times of the order. They run from the date of confirmation of the order by the company. If the delivery date is exceeded, the Customer has the possibility of obtaining the resolution of the sales contract by sending a registered letter with acknowledgment of receipt if, after having requested the company to make the delivery within a reasonable additional period, the latter has not been carried out within this period. The contract is, where applicable, considered terminated upon receipt by the company of the letter, unless it has made delivery in the meantime. In the event of resolution, the Customer is reimbursed, by any means of payment, for the totality of the sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt of the letter. The company cannot be held responsible for non-performance of the contract, particularly in the event of non-delivery, due to the Customer (incorrect information on the delivery address) or in a case of force majeure.

ARTICLE 5 – RESERVATION OF OWNERSHIP OF PRODUCTS SOLD

The Products remain the property of the company until total collection of the sums due by the Customer for the order, including costs, taxes and customs duties (if applicable).

ARTICLE 6 – RECEIPT

At the time of receipt of the Products, the Customer is required to check the condition of the packaging and the integrity of the Products delivered, and to express, where applicable, any reservations and complaints on the carrier's delivery slip and to inform the company by sending a copy of the reservations made to the carrier by email within two (2) working days following the date of delivery of the Products to the following email address: ljcrea68@gmail.com The Customer must also make to the company within two (2) days of delivery, any claim of delivery error and/or missing items. Any complaint made after this deadline will be rejected without possibility of appeal.

ARTICLE 7 – GUARANTEES

As such, it is recalled that the company is responsible for defects in conformity of the Product under the conditions of article L.217-12 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for. in articles 1641 to 1648 and 2232 of the civil code. When acting under the legal guarantee of conformity, the Customer: Benefits from a period of two years from delivery of the goods to act; Can choose between repair or replacement of the good, subject to the cost conditions provided for by article L. 211-9 of the Consumer Code Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the goods The legal guarantee of conformity applies independently of any commercial guarantee granted. 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 in which case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with the Article 1644 of the Civil Code. Texts in force: Article L217-4 of the Consumer Code The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. Article L217-5 of the Consumer Code The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L217-6 of the Consumer Code The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them. Article L217-12 of the Consumer Code Action resulting from lack of conformity is prescribed two years from delivery of the goods. Article 1641 Civil Code The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it. , or would have given only a lower price, if he had known them. Article 1648 paragraph 1 Civil Code Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the event of a return for non-compliance or hidden defect, the Customer must make a request to the company, by email to the following address: ljcrea68@gmail.com, detailing the defect or non-compliance. -compliance noted. The company will then examine the Customer's request and will, at the Customer's choice, exchange or reimburse the Product(s), shipping and return costs, if this proves to be justified. No returns for non-compliance or hidden defects will be accepted without prior validation from the company. In any event, the warranty is excluded for any abnormal use of the Products, or for purposes other than those for which they were designed or produced.

ARTICLE 8 – RIGHT OF WITHDRAWAL

Conditions for exercising the right of withdrawal In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the Products to exercise his right of withdrawal, without having to justify reasons or pay penalties, with the exception of return costs, by completing the standard withdrawal form available below by sending an email to the following email address: ljcrea68@gmail.com. The Customer will then receive, without delay, an acknowledgment of receipt of his withdrawal by email. Within fourteen (14) days following transmission of the withdrawal form or email, the Customer must return the Products to the company's address. It is the Customer's responsibility to keep the proof of delivery of the package which will be given to him by La Poste, the La Poste stamp being proof of the return date of the Product. The return being the responsibility of the Customer, in the event of loss of the package, no refund can be made. The company undertakes to reimburse the Customer, using the same means of payment as that used by the Customer for the initial transaction, the price of the Product as well as the standard delivery costs, without undue delay and at the latest within fourteen (14) days following the date of recovery of the Products. Return costs and risks are the responsibility of the Customer. The right of withdrawal can only be exercised for Products returned complete in perfect condition, clean, in their packaging. Products returned incomplete, damaged, soiled, damaged or unfit for sale, for whatever reason, will not be taken back. In accordance with article L.221-28 of the Consumer Code, "the right of withdrawal cannot be exercised for contracts (...) for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; ".

ARTICLE 9 – LIABILITY

The company cannot be held responsible in the event of a stock shortage which would result in a delay in delivery of the order. The company cannot be held liable for any inconveniences or damages inherent in the use of the internet network, in particular a breakdown in service, an inability to access the Site, an external intrusion or the presence of computer viruses, or of any event qualified as force majeure, in accordance with French jurisprudence. The Customer is solely responsible for damage caused to the Product, to himself or to a third party resulting from improper use of the Products and the company's liability cannot under any circumstances be sought in this respect. In addition, coverage for damage linked in particular to poor storage or improper handling of the Products by the Customer, to defective delivery to the consumer, to a case of force majeure, and more generally to any operation beyond the control of the Customer. The company is the sole responsibility of the Customer, and cannot therefore give rise to reimbursement by the company, in particular by debit note or penalty invoice.

ARTICLE 10 – FORCE MAJEURE

The company cannot be held responsible for any delay or contractual breach resulting from a case of force majeure, namely an event external to the Parties, irresistible and unforeseeable. The execution of the obligations incumbent on the company will be suspended by the occurrence of an event constituting force majeure within the meaning of the case law of the French courts. A case of force majeure is any event beyond the control of the company and obstructing its normal operation, such as: water and energy cuts, war, riot, fire, strikes, accidents, the impossibility for the company to be supplied, lockout, bad weather, epidemic, pandemic, embargo, accident, interruption or delay in transport, confinement or any other event beyond the control of the company resulting in partial or total unemployment of the company, or of its own suppliers. In such circumstances, the company will notify the Customer, in writing, within eight (8) days of the date of occurrence of the events, the obligations binding the company and the Customer, being automatically suspended, without compensation, to from the date of occurrence of the event. If the event were to last more than thirty (30) days from the date of its occurrence, the obligations binding the company and the Client may be terminated by the most diligent Party without any of the Parties may claim damages.

ARTICLE 11 – PERSONAL DATA

The personal data collected and subsequently processed by the company are those that the Customer voluntarily transmits via the contact form, or during an order placed by the Customer, and concern the name and first name of the Customer, a delivery address, a telephone number, banking details, and a valid email address. – The personal data required when the Customer registers for their customer account and those required on the day the order is placed are necessary in particular for the management of the customer account, for monitoring the order placed, for the proper execution of payment, delivery and other operations related to the sale and delivery of the Products ordered. The personal data collected may be, to the extent that this proves necessary with regard to the purposes stated above, to the companies which contribute to the execution of the services and ordered, to their management, execution, processing and delivery. payment. However, the company undertakes not to transmit the data provided to third parties, unless requested by an administrative or judicial authority, and outside the European Union. Personal data is processed and kept by the company for a period which does not exceed the period necessary for the purposes for which it is collected and processed and for a maximum period of three (3) years after the last contact for the information collected .

The Customer is informed that, in accordance with current French and European regulations, they have the following rights subject to proof of their identity: The right to object, for legitimate reasons, to the use of personal data concerning them are subject to treatments other than those announced herein to which they have consented; The right to object, free of charge, to the data collected being subject to current or future commercial processing by the data controller; The right to be informed about the processing to which their personal data gives rise; The right to obtain information relating to the processing of personal data managed by the company and any information allowing you to know and, if necessary, challenge the logic which governs the processing of said data; The right to request the rectification, updating, blocking or even deletion of data which concerns them and which may prove to be inaccurate, erroneous, incomplete or obsolete;... The Customer may exercise this right by contacting the company, indicating their last name, first name and email address, by email to the following address: ljcrea68@gmail.com. The Customer is informed that if he does not wish to be the subject of commercial prospecting by telephone, he can register free of charge on a list opposing canvassing.

If the Customer considers that the company is not respecting its obligations with regard to his personal data, he is reminded that he can send a complaint or a request to the competent authority. Please note that in France the competent authority is the CNIL to which the Customer can send a request.

ARTICLE 12 – CUSTOMER SERVICE

For any information, questions or complaints, the company's customer service is available to the Customer: By email: ljcrea68@gmail.com.

ARTICLE 13 – INTELLECTUAL PROPERTY

The intellectual property rights relating to the documents and media, as well as the trademarks registered by the company are and remain the exclusive property of the company. These General Terms and Conditions do not in any way imply transfer of intellectual property rights relating to the documents and media provided to the Customer. Consequently, the Client undertakes not to reproduce and/or use, for any purpose whatsoever, and/or create confusion with the name “LJ CREA” and/or any distinctive sign held by the company. In particular, the Client is prohibited from creating a website under the name “LJ CREA”. All documents and information which are transmitted to the Client by any means whatsoever remain the exclusive property of the company and cannot be communicated to third parties for any reason whatsoever by the Client.

ARTICLE 14 – FINAL CLAUSE

The fact of not availing yourself at a given time of any of the clauses of these General Terms and Conditions cannot constitute a waiver of subsequently availing yourself of these same clauses. The company reserves the right to modify these General Terms and Conditions at any time by publishing a new version on the Site. The applicable General Terms and Conditions are those in force on the Site on the date the order is placed by the Customer. In the event that one (or more) provision(s) of these General Terms and Conditions should be held to be invalid, the validity of the other stipulations cannot be called into question unless they present a inseparable character with the invalidated provision. These General Terms and Conditions, the General Conditions of Use of the Site and the order summary sent to the Customer form a contractual whole and constitute the entire agreement between the Parties.

ARTICLE 15 – APPLICABLE LAW AND DISPUTES

These General Terms and Conditions are subject to French law. In the event of a dispute, the Customer is informed that he can resort to a consumer mediator, after the failure of an attempt at amicable settlement directly with the company, in accordance with the provisions of the Consumer Code. Furthermore, the Customer has the option of using the European online dispute resolution (ODR) platform.

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LJ Crea

Having its head office at 1 rue du Schauenberg - 68420 VOEGTLINSHOFFEN

RCS COLMAR - SIREN: 917 760 035