Terms and Conditions of Sale
Last update: September 25, 2019
Last update: September 25, 2019
The purpose of these terms and conditions is to set out the terms and conditions under which Stellar Paris SAS (or "Stellar") sells to its customers designer jewelry gilded with fine gold or plated with gold (hereinafter referred to as "the Product(s)") through the website www.stellar.paris (the "Site").
Stellar Paris is a simplified joint stock company registered in the Paris Trade and Companies Register under number 820 171 007 and whose registered office is located at 34 rue du Mont Thabor in Paris (75001); Telephone 01 40 26 98 60; Email: email@example.com (hereinafter "Stellar").
Acceptance of these general terms and conditions of sale ("GTC") implies the Customer's full and unconditional acceptance of these GTC.
All orders on the Site are subject to these GTC. These are subject to change and update; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
These GTC govern exclusively the sales made by Stellar of Products offered to buyers who are consumers (hereinafter the "Customer(s)") on the Site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.
The Terms and Conditions of Sale are binding on the Customer who declares that he/she has read them and accepted them by checking the box "I accept the Terms and Conditions of Sale" before the online ordering procedure is carried out.
The Customer of the Site must be a consumer, a natural person of age and legally capable. The Customer must, at the time of his first order on the Site, open a customer account. For each order, the Customer must fill out an order form specifying certain mandatory fields so that Stellar can process the order for Products.
The information provided to Stellar when opening a customer account and for each order must be complete, accurate and up-to-date.
Stellar reserves the right to refuse to process an order if it does not come from a customer who meets the above criteria.
The essential characteristics of the Products are presented on the Site in each of the product sheets. If the Customer has any questions, he/she may contact Stellar by telephone at 01 40 26 98 60 or by e-mail at firstname.lastname@example.org.
To place an order, the following steps must be followed
- the Customer visits the Site and adds the Product to his/her basket, specifying the quantity;
- the Customer checks the nature of the Products added to the basket;
- to delete an item, the Customer must click on "Delete" and to change the number of items, modify the quantity and click on "Update";
- the Customer can then finalize his order or choose to continue shopping;
- To conclude the purchase contract and finalize the order, the Customer fills in the order form and indicates the personal data necessary for the order;
- the Customer must choose his mode of delivery;
- the Customer must choose the method of payment;
- the Customer must check the details of the order and in particular the total price of the order taking into account the price of the Products, the delivery terms and costs, the VAT, the Product in particular in terms of quantity;
- The Customer must read and accept the GTC;
- The Customer proceeds to the payment.
The prices of the Products are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.
It is the Customer's responsibility to verify the accuracy of the information provided.
Stellar reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
Stellar will also have the right to refuse any order placed by a Customer with whom there is a dispute over payment of a previous order, as well as any order that does not comply with these GTC.
In such cases, Stellar will inform the Customer by telephone or e-mail.
In the event that the Products presented on the Site are no longer available or on sale at the time your order is sent, Stellar shall promptly inform you, and in any event within thirty working days from the day following your order, of the possible unavailability of the products ordered. In the event of payment of the price, Stellar will reimburse you in full for the sums advanced for unavailable Products.
In addition, any order that only includes gift boxes cannot be sent and will be refunded.
The contract is deemed to have been concluded upon receipt by Stellar of the order after Stellar has verified the accuracy of the order data.
After validation of your order, a notice of receipt will be sent by e-mail to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
The Site offers payment by credit card. When the order is finalized, Stellar confirms the payment by sending the Customer a summary email.
The prices displayed on the Site are expressed in euros, including all taxes (French VAT and other taxes applicable on the date of the order). Packaging, order processing and shipping costs are indicated before the order is validated.
Stellar may modify the prices of the Products at any time and without prior notice, in particular due to changes in the economic, legislative and fiscal framework. The Products are invoiced on the basis of the price list in effect when the Customer places the order.
The Products remain the full and complete property of Stellar until full payment for each order has been received by Stellar.
Payment for purchases is made via the secure platform of our partner STRIPE.
For deliveries outside the European Union, the Customer shall pay customs duties or other taxes due on the importation of the products into the country of delivery. The formalities related to this are also the exclusive responsibility of the Customer. The Customer is solely responsible for verifying the possibility of importing the Products ordered with regard to the laws of the country of delivery.
The Products are delivered to the delivery address indicated on the order form by registered mail.
The parcel is delivered according to the shipping method chosen by the Customer and is given to the addressee against signature of a delivery slip (depending on the shipping method).
The products are delivered worldwide. No delivery can be made to a hotel or post office box address.
Stellar is committed to shipping all orders placed before noon on the same day (business days only). However, during busy periods like Christmas, Stellar reserves the right to extend the shipping time to 72 hours.
What are the delivery times?
From Monday to Friday before 10am:
Packages leave at 10am - so you must place your order the day before or the day of before 9am for same day departure.
Friday after 10am, weekends and holidays:
Orders leave on Monday morning.
From the dispatch of the order, the average delivery times are as follows:
24 h to 48 h in Metropolitan France;
2 to 5 days in Corsica, the West Indies and Europe and the United Kingdom;
5 to 10 working days for international deliveries.
It is specified that any change of delivery address made by the Customer after the order has been registered may result in an extension of the delivery time.
If Stellar is unable to deliver on the date indicated or within the period indicated at the time of the order, the Customer may cancel the order under the conditions provided for in Article L 216-2 of the French Consumer Code, i.e., by registered letter with acknowledgement of receipt, after having instructed Stellar to make the delivery within a reasonable period of time by registered letter with acknowledgement of receipt, without Stellar having complied.
RECEIPT OF PRODUCTS
Upon receipt of the Product, the Customer must immediately verify, in the presence of the carrier, the condition of the packaging and the Product delivered.
If, at the time of delivery, the packaging is damaged, torn or open, the Customer must check the condition of the Products it contains. If the Products have been damaged, the Customer must refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This verification is deemed to have been carried out once the Customer, or a person authorized by him, has signed the delivery slip.
The Customer must then confirm his/her reservations to the carrier by registered mail within three days, not including holidays, following receipt of the Products and send a copy of this letter to Stellar.
Failure to comply with the aforementioned time limit shall not prevent the Customer from seeking an exchange or refund of the Products in the event of damage or anomaly of the Product at the time of delivery. Likewise, the Customer still has the right of withdrawal under the conditions of Article 9 above.
For all requests relating to commercial and legal guarantees, please contact
Stellar, Customer Service, 23 Passage Verdeau (75009) - Telephone 0140269860 (cost of a local call in metropolitan France, indicative rate from a fixed line, subject to modulation according to operators) - e-mail: Bonjour@stellar.paris
In addition to the legal warranties mentioned in 8.2 to which we are bound, there is a commercial warranty that covers the repair of jewelry (replacement of clasps, broken chains, stones to be reattached).
The Customer can request the application of this guarantee by mail (by returning the Product to us) or by coming directly to the store with the Product and the proof of purchase.
This guarantee is free of charge. We will reimburse you for the shipping costs.
This warranty runs from the date of delivery of the Product for a period of one (1) year.
This commercial warranty does not apply to
- non-conforming uses as well as defects in use ;
- deterioration due to an error of handling, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
- in the event of abnormal maintenance or lack of maintenance and hygiene;
- in case of natural wear and tear;
- interventions carried out on the jewel by any person not mandated by the Customer Service as well as deterioration resulting from such an intervention.
Article L 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee that remained to run. This period shall run from the date of the purchaser's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Unless the Customer is a legal entity or a natural person acting for purposes related to its commercial, industrial, artisanal or liberal activity, the Customer benefits in any event from the legal guarantees on the basis of which it may act. Stellar is thus liable for defects in conformity and latent defects under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code respectively.
Article L 217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code: To be in conformity with the contract, the goods must: 1° Be suitable for the use usually expected of similar goods and, where applicable : - correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter
Article L 217-7 of the Consumer Code: Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L 217-9 of the Consumer Code: In case of lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In such a case, he is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L 217-10 of the French Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L. 217-11 of the French Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the date of the buyer's request for intervention or from the time the goods are made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them.
Article 1644 of the Civil Code:In the case of articles 1641 and 1643the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned.
Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
When he acts in legal guarantee of conformity, the Customer :
- has a period of 2 years from the delivery of the goods to act;
- may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
The legal warranty of conformity applies independently of the commercial warranty granted by Stellar.
When acting under the legal warranty for hidden defects, the Customer may choose between rescission of the sale or reduction of the sale price in accordance with Article 1644 of the Civil Code.
CUSTOMER'S RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L 221-18 and following of the Consumer Code, the Customer may cancel his order at his own discretion without giving any reason. To do so, he has a right of withdrawal. He may exercise this right (or a third party designated by him, with the exception of the carrier) within a period of 14 days from the date of receipt of the Product.
Before the expiration of this 14-day period, the Customer must inform Stellar of his/her decision to withdraw either by sending the withdrawal form at the bottom of the GTC by cutting it out or by sending it in your package, after having duly filled it out, or by sending an e-mail clearly and unambiguously expressing this decision and mentioning the order number to: email@example.com
The Customer must return the Product, at his/her own expense (unless the Product is not in conformity or has a manufacturing defect), to Stellar, at the address mentioned on the withdrawal form, at the latest within 14 days following the communication of his/her decision to withdraw.
Stellar strongly advises its Customers to return the products by registered mail. Customers may also choose the carrier of their choice. It is therefore recommended that proof of this return be provided, which implies that the Products be returned with tracking or by any other means giving a certain date.
Stellar will issue a credit note to the Customer for the amount of the returned Product, including shipping costs, no later than 14 days from the date that Stellar actually picks up the Product or from the date that the Customer provides proof of shipment of the Product.
Returned Products cannot be replaced or exchanged. A new order will have to be placed online.
Regarding the return of personalized products: Article L 121-20-2 of the Consumer Code provides that the right of withdrawal can not be exercised for contracts for the supply of goods made to the specifications of the consumer or clearly personalized. However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).
EFFECT OF THE CONTRACT
The contract is effective as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses his right of withdrawal under the conditions laid down in Articles L 221-18 et seq. of the Consumer Code.
The Customer acknowledges that the Stellar Products and distinctive signs (image, photographs and composition of photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Stellar, in particular with respect to intellectual property rights, for the entire duration of the protection of these rights and for the entire world.
Certain Products have been registered as designs and are automatically protected by copyright.
The Customer shall not reproduce or use the Product models, packaging, photographs, photographic compositions, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how used by Stellar, or any act tending to appropriate these elements, whether or not they are protected by Stellar through a trademark, design or copyright.
Consequently, any unauthorized reproduction by Stellar will be considered an infringement and may be prosecuted.
PROCESSING OF PERSONAL DATA
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
SETTLEMENT OF DISPUTES
In the event of a dispute, the Customer should first contact Stellar's Customer Service Department by calling 0140269860 or by email at: firstname.lastname@example.org. If no solution is found within 21 days of the request, the Customer may refer the matter to the Commission Paritaire de Médiation de la Vente Directe (Joint Commission for Direct Sales Mediation), 100 avenue du Président Kennedy, 75016 Paris, France, Tel: 01 42 15 30 00, E-mail: email@example.com, website http://mediation-vente-directe.fr/, which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to handle, within the framework of a mediation process, any disputes arising between Stellar and the Customer.
APPLICABLE LAW AND JURISDICTION
The GTC are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GTC may give rise, concerning its validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the competent court in accordance with the rules of jurisdiction of common law.
Cancellation form (to be cut out)
(Please complete and return this form only if you wish to exercise your right of withdrawal from an order)
To the attention of Stellar - 34 rue du Mont Thabor, 75001 Paris
I hereby notify you of my withdrawal from the contract for the sale of the Product below: ..................................................................
Ordered on(*)/received on(*) : ..................................................................
Customer's name : ........................................................................................................................................
Customer's address : ......................................................................................................................
Customer's signature (only in case of notification of this form on paper) :
Date : .......................................................................................................................................................................................