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General conditions of sale
These general conditions of sale and use of the site (hereinafter the "Conditions") apply between :
The www.lizhel.com brand, belonging to the Société Anonyme Monégasque Lizhel, with share capital of €760,000, registered with the Monaco Trade and Companies Register under R.C.I 89 S 02495, intra-community VAT number FR 55 000 013 853, whose registered office is at Palais de la Scala, 1 avenue Henri Dunant, 98000 Monaco (hereinafter, "We", "Us", "Our" or "Lizhel"),
and
any natural person of legal age acting exclusively within the strict framework of their personal needs, who consults the website www.lizhel.com (hereinafter, the "Site") and/or makes a purchase from Lizhel (hereinafter, "You", "Your", the "User" or the "Internet User").
We ask you to carefully read the Contract (as defined below) before using the Site and/or placing any order with Lizhel in the extent to which this Agreement affects Your rights and obligations. The simple use of the Site and/or the placing of any order constitutes knowledge and irrevocable agreement on your part of the Contract. If You do not agree with any of these provisions, You are not authorized to use all or part of the Site and/or place any order.
Please print a copy of the Agreement for your records.
Article 1: General Provisions
1.1 Useful contact details
If you wish to contact us, our contact details are as follows:
- telephone number: +377 93 10 61 81 from Monday to Friday from 9am to 5.30pm (French time).
- Email: lizhel@lizhel.com
1.2 Scope of the Contract
Your use of the Site and/or any purchases made with Lizhel are expressly and exclusively governed by (I) the Terms, and (II) any other terms and conditions published or otherwise referenced by time à other on the Site (together, the Contract). Please note that the Conditions prevail, in the event of contradiction and unless expressly provided otherwise, over any other terms and conditions mentioned in section (II) above.
1.3 Modifications to the Contract
The Contract may be revised, updated or otherwise modified at any time, in whole or in part, it being specified that when You place an order on the Site, the applicable Conditions are those in force on the Site on the date of registration of Your order.
Article 2: Price & Payment
2.1 The prices of Our products are indicated in euros, all taxes included. The price of shipping is free in mainland France. The price of deliveries outside mainland France is indicated, either on our Site at the time of the order in the case where the place of delivery is included in the options offered, or by telephone or e-mail to Our Company for all other destinations.
2.2 For any order to a country other than France, You are the importer of the product(s) ordered. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and amounts are not within Our control and are not Our responsibility. They will be entirely Your responsibility and under Your responsibility, both in terms of declarations and payments to the competent authorities and/or organizations. We advise You to obtain information from the competent authorities in your country.
2.3 An invoice for Your order will be issued and you will be addressed to receipt by Us (see article 3.2.3 below).
2.4 All orders are payable in euros.
2.5 Lizhel reserves the right to modify its prices at any time and without notice, subject to article 1.3 above. Products already ordered will remain invoiced on the basis of the rates in force at the time your order is registered.
2.6 You can pay for your orders:
I) by bank card (Visa, MasterCard, American Express or Carte Bleue): the amount of your order is then flow at the same time. The order registration date is that of online payment.
(II) by bank transfer: Our Site provides you with Lizhel's bank details. You must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The order registration date is that of receipt of funds on the Lizhel account.
(III) by bank check: send a check payable to Lizhel, Palais de la Scala, 1, avenue Henri Dunant, 98000 Monaco and contact us specify by email or telephone the subject of the order. The date of registration of the order is that of receipt of funds on Lizhel's account.
2.7 Products placed in your shopping cart will always reflect the most recent price displayed on the description page of your product. This price may vary from the price that was displayed for the same product when you first placed the product in your cart. Placing a product in your shopping cart does not ensure that its price will remain the same as that which was at the time you placed the product in the shopping cart.
2.8 The information and in particular the prices which are displayed on the site may be erroneous due to system errors or typographic filling. Although we do everything possible to avoid these types of errors, they can still exist. We do not honor orders based on incorrect information or pricing. If the displayed price is lower than the actual price of the product, we will contact you by email to either cancel the order or give you instructions regarding payment of the price difference. We apologize for the inconvenience, please do not hesitate to contact us with any questions relating to this subject.
2.9 The prices of our products are not negotiable. Indeed, we strive to charge the fairest prices possible.
Article 3: Order, products and delivery
3.1 Conditions for placing an order
You declare: - To be at least 18 years old and to have the necessary legal capacity to place and fulfill any order or to hold parental authorization allowing you to place and honor any order and be able to justify it at any time, upon Our simple request; - Be a natural person acting within the framework of your personal needs (in particular in the sense that any order that You place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 Placement methods
You can choose to place Your order:
- directly on the Site;
or - by telephone to our customer consultants on +377 93 10 61 81.
3.2.2 Receipt of Your order
Deregistration of Your order (by telephone or on the Site) and within a maximum period of 2 (two) working days from this registration, We acknowledge receipt of Your order and inform You. Lizhel is not bound by the order until this acknowledgment of receipt is sent. Lizhel reserves the right to refuse, without liability on its part, any order concerning a User, for good reason, in particular if there is a doubt or a dispute relating to the payment of a previous order .
3.2.3 Changes to Your order
We reserve the right to cancel all or part of an order in the event of failure bankruptcy of one of our suppliers as well as in the event of force majeure. We will notify You as soon as We become aware of it and will reimburse any sum that You have already paid to Us in relation to the canceled order or part of the order. e. In any case, we will contact you as soon as possible to offer you different possible options.
3.3 Delivery
3.3.1 Information
We will inform you by email of the delivery process status of the manufacturing of your purchase and the sending of your items. For any questions regarding the information cited below, please contact our Customer Service: - our identity (name, telephone number, head office), delivery costs, terms of payment, delivery or execution; - the conditions and procedures for exercising the right of withdrawal; - the address where you can submit your possible complaints; - the guarantees available to You after delivery; - the expected shipping date of Your order and the delivery date
3.3.2 Place of delivery
The products are delivered the delivery address that You indicated during the order process.
3.3.3 Delivery times
Unless there are manufacturing, processing, shipping and/or delivery times Longer delivery times are required (which We will inform You of upon receipt of Your order), the products ordered are delivered within 4 to 6 weeks maximum from registration of Your order. Delivery will be deemed to take place on the date of first presentation of the products to the delivery address indicated.
3.3.4 Observations on delivery or delivered products
You must check the packages and products the delivery. If You have any reservation or observation justifying the products being returned to us, You must proceed as indicated in article 4 below.
3.3.5 Ownership
– Risks The transfer of ownership and risks over the products takes place delivery of products.
3.4 Product manufacturing
3.4.1 Lizhel does its utmost to ensure that our online catalog be as precise and correct as possible. In order for you to see the details of some products, they may appear larger or smaller than they actually are. Since each computer is configured differently, their color may also vary.
3.4.2 Our goal is to give you as much information and detail as necessary so that you feel like you know your product before you even have it in your possession. The displayed weight of the stone may, however, vary by 5% from the actual weight of the same stone. The weights displayed for gold may also vary from the weights displayed on the site, the weights indicated in the item sheets do not bind us but correspond to approximate weights for a size 54, variations of up to 15% are possible. Our manufacturing is artisanal, it is possible that certain measurements indicated on our product pages differ slightly from the actual product that you will receive.
Article 4: Returns and size
4.1 Right of withdrawal
In application of the provisions of article L. 121-20 of the Consumer Code, You have a period of 14 (fourteen) clear days from receipt of the products to exercise Your right of withdrawal, without justification or penalties (with the exception of You covering the return costs). We will reimburse You no later than thirty (30) days following the date on which your right of withdrawal was exercised.
4.2 Satisfied or refunded
To return a product, you must inform Lizhel customer service in writing or by Contact us by telephone (see article 1.1 above), of Your decision before returning the products to Us, tell us, if you wish, the reason for Your return and follow exactly the return process that we provide to you. will indicate. If You return the products to Us for reimbursement, the return costs are your responsibility with the insurance costs that Lizhel will indicate to you by email. If this insurance amount was not respected by You and the jewelry were to be lost during delivery, the reimbursement would be canceled and the jewelry would remain entirely your responsibility. Upon receipt of your jewelry, We check that it is in perfect condition, then acknowledge receipt of the jewelry. Then, We will reimburse You the price corresponding to the value of the products no later than thirty (30) days following the date on which Your return was accepted by Lizhel, as indicated à Article 4.3 below.
4.3 Conditions of acceptance of returns
Returns provided for in articles 4.1 and 4.2 above will not be accepted by Lizhel and will not will give rise to a refund or exchange if:
(I) the products are returned to us in their original packaging, complete (original certificate provided if this is the case , accessories, packaging, including gift box, case, instructions), in perfect condition and unworn. Thus, items returned incomplete, damaged, damaged or soiled will under no circumstances be taken back; it is specified that certain special products are not returnable. They are then clearly presented as such to the customer at the time of ordering.
(II) Our specialists confirm that the setting and the stone, or any other constituent element of the product, are in conformity with the product which was sent to You sent, without damage, modification, or intervention of any kind.
(III) The return is no longer possible if it is a second consecutive return. Under article L. 121-20 of the Consumer Code, the right of withdrawal no longer applies if it is a second consecutive return.
(IV) Products which have been the subject,Your request, of an engraving or personalization can no longer be refunded or exchanged.
(V) In addition, products sold outside the European Union (outside Switzerland) cannot be refunded or exchanged in due to the complication of sending a precious object internationally.
4.4 Reimbursement and exchange terms
Any reimbursement will be made, at Lizhel's discretion, either by credit to your credit card, or by transfer to your bank account, or by sending a bank cheque addressed to the name of the customer who placed the order and to the billing address. In the event of an exchange, if the new order is for an amount greater than the order giving rise to the exchange, the User must enclose payment for the balance by cheque or bank transfer with the exchange request. Conversely, if the amount of the exchange is less than the amount of the order, the User will receive a refund of the overpayment under the same conditions as those set out above.
4.5. Size adjustment
In addition to the right of withdrawal, You may return the products ordered to Us, within a period of 2 weeks, in order to have your jewellery sized, up to a limit of +/- 2 sizes. To do this, You must imperatively inform Lizhel's customer service department in writing or by telephone (see article 1.1 above) of Your decision before returning the products to Us, indicate the new size requested and follow exactly the return process that we will indicate to You. If You return the products to Us for sizing, the return costs remain at Your expense and the new shipping costs will be paid by Lizhel. The sizing process takes a maximum of two weeks. Sizing is not possible for orders with a delivery address outside the European Union (excluding Switzerland).
Article 5: Guarantees
5.1 Warranty concerning products
5.1.1 Legal guarantees
Lizhel follows the legislation in force concerning defects in conformity of the product with the Contract and redhibitory defects under the conditions set out in articles 1641 to 1649 of the Civil Code: "Article L. 211-4 of the Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility. Article L. 211-5 of the French Consumer Code:
To comply with the contract, the goods must:
1° Be fit for the purpose normally expected of similar goods and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. Article L. 211-12 of the French Consumer Code: Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods. Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them. Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article 6: Liability
6.1 The jewellery offered complies with French legislation in force at the time of the offer. Lizhel cannot be held responsible in the event of non-compliance with the legislation of the country where the jewellery is delivered. It is your responsibility to check with the local authorities the possibilities and procedures for importing the jewellery that you intend to order, and to respect them under your entire responsibility. Furthermore, if You choose to access the Site from territories other than France, You do so on Your own initiative and at Your own risk. It is Your responsibility to comply with local legislation insofar as this legislation is applicable.
6.2 The photos of the jewellery are presented for illustrative purposes only. We invite You to refer to the description of each item of jewellery for its precise characteristics. In case of doubt or if You require further information, please do not hesitate to contact Us (article 1.1 above).
6.3 Except in the case of fraud or gross negligence and except in the case of liability for defective products, the total liability of Lizhel, for all the damages that can be compensated under the terms of the Contract, that it may cause You within the framework of the Contract, is limited to compensation for foreseeable, direct and material damages actually suffered by You as a result of Lizhel's failure, this compensation not exceeding in any case the amount of Your last purchase, and this, even if Lizhel has been warned of the possibility of such damages. It is specified that, within the framework of the Contract, all losses of profit, turnover, data, databases or programmes, the loss of savings and all additional costs, as well as all damage to image and all claims by third parties, are deemed to constitute indirect damage not giving Lizhel the right to compensation, even if they were foreseeable. In particular, Lizhel will not be liable to you for damage caused by
(I) your own act, omission or fault ;
(II) any case of force majeure as defined by the jurisprudence of the French courts;
(III) any third party not linked to Lizhel for the execution of the Contract (for example, in the event that the problems result from the performance, congestion or connection of the telecommunications means or services, or the performance of your computer equipment); or
(IV) any other event that neither Lizhel nor its suppliers could have foreseen or prevented even if Lizhel or its suppliers had taken all reasonable precautions. In particular, the following will be considered to be due to Your own act, omission or fault : any damage or loss that You may suffer as a result of the unsuitability or incompatibility of Your computer equipment (hardware and/or software) to all or part of the Site and/or the failure to implement all reasonable and necessary protection against any damaging programmes, devices or communications, as it is Your responsibility, and Yours alone, (I) to check or have checked that Your computer and/or telecommunications equipment is suitable and compatible with the Site, prior to any use and (II) to put in place and implement all reasonable and necessary protection against any damaging programmes, devices or communications, in particular by means of anti-virus software.
6.4 The Site may contain links to other sites on the Internet. These other sites are not under the control of Lizhel and You acknowledge that Lizhel is not responsible for the accuracy, respect for intellectual property rights, legality, decency or any other aspect of the content of these sites. The inclusion of any such link does not imply any endorsement by Lizhel, nor any association with its operators. Lizhel cannot ensure that you will be satisfied with any product or service that you obtain from a third party site that is hyperlinked to or from the Site, as the channels of other online businesses are owned and operated by independent merchants. Lizhel does not promote any merchandise and has not taken any steps to confirm the accuracy or reliability of any information on these third party sites. We strongly encourage You to carry out any research that You consider necessary or appropriate before carrying out any electronic transaction whatsoever with any of these third parties.
6.5 Without prejudice to the provisions of articles L. 211-12 of the French Consumer Code and 1648 of the French Civil Code (referred to in article 5.1. 2 above) and other mandatory legal provisions to the contrary, You agree that any claim or action originating from or related to the use of all or part of the Site or to the Contract, must be formulated and implemented judicially on the merits within a period of one (1) year following the first of the following two dates, under penalty of prescription: the date on which the claim was formulated for the first time or the date on which the cause of the claim appeared for the first time.
Article 7 - Intellectual property
7. 1 The Site and all elements (including products), documents and other data appearing on it (the "Content"), whether visual or audio, are protected by French and international rules applicable to trademarks, trade or service marks - whether or not registered as such - and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade or manufacturing secrets or other rights of a similar nature and belong to or have been licensed to Lizhel.
Article 8: Comments, criticisms, communications and other content
8.1 Users may send Us criticism, comments or any other content, submit suggestions, ideas, questions or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, infringing intellectual property rights, or prejudicial to third parties and does not consist of or contain computer viruses, political militancy, commercial solicitations, mass mailing, chains or any other form of "spam". You must not use a false e-mail address, impersonate any person or entity, or lie about the origin of the content. We reserve the right, at our sole discretion, to remove or edit any content.
8.2 If You send Us content, and unless otherwise specified by You, You grant to Us and to companies affiliated to Us, for the applicable legal term of protection, the non-exclusive and free right to reproduce, modify, adapt, publish, translate, distribute, sub-license and display such content throughout the world, on the Site and in all media.
8.3 You represent and warrant to Us that You are the owner or holder of the necessary rights to the content that You transmit to Us. You agree to indemnify Us in the event of any action or claim by a third party against Us where the cause, basis or origin of such action is the content that You have communicated to Us.
Article 9: Applicable law - Jurisdiction
9.1 The Contract is subject to French law (excluding the rules applicable to conflicts of law).
9.2 In the event of a dispute, only the French courts will have jurisdiction.