General terms and conditions of sale
Article 1 - Scope
These Terms and Conditions of Sale shall apply, without limitation or reservation, to all sales made by SAS GRAS REGINAL JOAILLERIE (RAYNAL) ("the Seller") to non-professional buyers ("Customers” or “Customer"), who wish to acquire the products offered for sale by the Seller ("the Products") on https://www.raynal.fr/en.
These include terms relating to ordering, payment, delivery and handling of any Product returns. The Products for sale on https://www.raynal.fr/en are as follows: watches, rings, pendants, bracelets, solitaires, earrings and other jewellery and accessories.
The Products’ main features and specifications, illustrations, dimensions and suitability are presented on https://www.raynal.fr/en.
The Customer should read these terms and conditions before submitting any order.
The choice and purchase of a product is the Customer’s responsibility alone.
The photographs and diagrams on the website https://www.raynal.fr/en are non-contractual and the Seller shall not be liable for them.
The Customer should read the description of each Product to familiarise himself with the Product’s properties and key features.
Product offers are made while stocks last as specified when placing the order.
The Seller's contact details are as follows:
SAS GRAS REGINAL JOAILLERIE (RAYNAL)
Registered Office: 44, Cours Mirabeau, 13100 Aix-en-Provence, FRANCE
Telephone: +33 4 13 34 04 80
Email : contact@raynal-horloger.com
These Terms and Conditions of Sale apply to the exclusion of all other terms, including those applicable to in-store sales or sales by other distribution and marketing channels.
These Terms and Conditions of Sale are available at all times on https://www.raynal.fr/en and will, if applicable, prevail over any other version or contradictory document.
The Customer acknowledges that they have read and accepted these Terms and Conditions of Sale and the https://www.raynal.fr/en website terms of use by checking the box provided before completing the on-line ordering procedure.
These Terms and Conditions of Sale may be subject to subsequent modification, therefore the version applicable to the Customer’s purchase shall be the one in force on the date of order.
Unless proven otherwise, the data recorded in the Seller's computer system is proof of all transactions with the Customer.
In accordance with Data Protection Act of 6 January 1978, the Customer has, at any time, a right to access, to request rectification, or to oppose all of his personal data by writing, with proof of identity, to SAS GRAS REGINAL JOAILLERIE (RAYNAL).
The Customer’s order confirmation implies full acceptance, without limitation or reservation, of these Terms and Conditions of Sale.
The Customer confirms that it has the authority required to enter into a contract and acquire the Products offered on https://www.raynal.fr/en.
In the event of an order to a country other than Metropolitan France, the Customer is the importer of the relevant product(s).
For all Products shipped outside the European Union and French overseas departments and territories (DOM-TOM), the price will automatically be calculated tax-free on the invoice.
Customs duties, other local taxes or import duties and state taxes may payable. These shall be the sole responsibility of and borne by the Customer.
In the event of a sale abroad, the laws applicable in the countries concerned should be considered to ensure compliance with any constraints imposed by them and to translate the sales conditions into the appropriate languages.
Any modifications to these Terms and Conditions of Sale are binding on users the https://www.raynal.fr/en website from date that they are placed on-line and cannot be applied to transactions previously entered into.
Article 2 - Orders
Customers should select the Products they wish to order from https://www.raynal.fr/en as follows:
• Click on the “add to cart” button,
• Consult basket and delivery choice,
• Enter billing and delivery details,
• Choose payment method and enter payment information,
• Confirm payment.
The contract information is presented in French and should be confirmed by the Customer when confirming the order.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered final after sending to the Buyer confirmation of acceptance of the order by the Seller by email and after receipt by the latter of the full price and after receipt by the latter of the entire deposit due.
It is the Customer's responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on https://www.raynal.fr/en constitutes the formation of distance contract between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment of a previous order.
The Customer may track its order on https://www.raynal.fr/en.
The Seller does not intend to sell the Products on https://www.raynal.fr/en to professionals but to consumers and only for their personal use.
The Seller reserves the right to refuse orders for the same Product in large quantities and with more than 5 identical items.
He also reserves the right to cancel or refuse any order in the event of a price error, in particular if the price displayed is very different from the real price, almost derisory.
Any changes to the order by the Customer may only be taken into account by the Seller where possible and provided that the Seller is notified by e-mail at least 2 days before the dispatch date for the order.
If such changes cannot be accepted by Seller, the amounts paid by Customer will be returned within 30 days from the notification that such changes cannot be accepted (unless the Customer prefers to receive a credit note).
If the Customer cancels the order after it has been accepted by the Seller less than 2 days before the date provided for the supply of the Products ordered, for any reason except the exercise of the right of withdrawal or force majeure, an amount equal to 10% of the total amount of the purchase could be acquired by the Seller and invoiced to the Customer for damages and interest in compensation for any loss suffered.
Article 3- Price
The Products are supplied at current prices set out on https://www.raynal.fr/en when the Seller registers the order. Prices are expressed in Euros, including and excluding VAT.
The prices take into account any discounts that may be granted by the Seller on https://www.raynal.fr/en.
These prices are definitive and cannot be revised during their validity period as indicated on https://www.raynal.fr/en. The Seller reserves the right to change the prices at any time outside this validity period. Prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on https://www.raynal.fr/en and calculated prior to the placing of the order.
The payment requested from the Customer is the total amount for the purchase, including these charges.
An invoice shall be issued by the Seller and delivered to the Customer upon delivery of the Products ordered.
Article 4 - Precious metals
Our diamonds come from legitimate sources not involved in the financing of armed conflicts and in accordance with United Nations resolutions, knowledge-based guarantee and / or written guarantees from my suppliers.
The use of colorless fluids and heating are recognized as traditional lapidary practices in addition to the cutting and polishing of certain colored stones, as well as the bleaching of pearls.
Our gems may have been subject to these general beautification practices.
Any other intervention is indicated by the mention "treated".
Article 5 - Payment
The price is payable in full on the day the Customer makes the order, by secure payment by the following bank cards: Visa, MasterCard, American Express, other credit cards.
Payment data is exchanged in encrypted mode using SSL.
Article 6- Delivery
For Products in stock, the Products ordered by the Customer will be shipped to Metropolitan France within 2 working days of order validation, to which time for processing and delivery to the address indicated by the Customer when he orders on https://www.raynal.fr/en is added.
For Products not in stock, shipping time may vary and will be communicated to the customer if requested by telephone, e-mail or letter to the Seller’s address.
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in exceptional cases or if one or more Products is not available, the Products ordered will be delivered in one go.
Seller shall use its best endeavours to deliver the products ordered by Customer within the above specified time frame. These time frames are given for information purposes only. However, if the Products ordered have not been delivered within 90 days of the indicated delivery date, for any reason other than force majeure or due to the Customer, the sale may be cancelled at the Customer's written request in accordance with Articles L 216-2, L 216-3, L241-4 of the Consumer Code. The amounts paid by the Customer will then be returned to the Customer, excluding any compensation or deductions, no later than fourteen days from termination of the agreement.
The Seller also offers free delivery to the SAS GRAS REGINAL JOAILLERIE (RAYNAL)
at 44, Cours Mirabeau, 13100 Aix-en-Provence, FRANCE.
The Customer must check the condition of the delivered products. The Customer has 2 days from delivery to inform the Seller in writing (postal mail, e-mail, fax), together with all supporting documentation (in particular photos), of any reservations or claims regarding non-conformity or apparent defect of the delivered Products (e.g. damaged parcel, parcel already open, etc). After this deadline and failing to comply with these formalities, the Products shall be deemed to be in conformity and free from any apparent defect and no claim shall be validly accepted by the Seller.
The Seller shall reimburse or promptly replace at its own expense the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by Customer in accordance with the provisions of Articles L 217-4 et seq of the Consumer Code and with these Terms and Conditions of Sale (see guarantees, in particular).
Article 7 - Title and Risk
The title to the Seller's Products and the risk in them will be transferred upon acceptance of the order by the Seller, at which point the contract shall come into existence regarding the item and price and regardless of payment and delivery dates.
Article 8 - Right of withdrawal
In accordance with the applicable legal provisions, the Customer has fourteen days from receipt of the Product to exercise his right of withdrawal from the contract, without having to give any reasons or pay any penalty, and receive either an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to Seller of the Customer's decision to withdraw.
Returns should be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be re-marketed as new, together with the purchase invoice.
Damaged, dirty or incomplete Products shall not be accepted.
The right of withdrawal may be exercised by e-mail or by post, by sending the withdrawal form available by clicking here, at which point an acknowledgement of receipt on a durable medium will be communicated to the Customer by the Seller immediately, or by any other declaration expressing without any ambiguity the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned time limit, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the return costs are payable by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer in accordance with the provisions set out in this article.
Article 9 - Seller's liability - Guarantee
The Products sold on https://www.raynal.fr/en comply with the current French regulations and have performance compatible with non-professional use.
The Products supplied by the Seller benefit as of right and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions, to:
• a legal conformity guarantee for Products that appear to be defective or damaged or that do not correspond to the order,
• a legal guarantee against hidden defects arising from a defect in material, design or manufacturing affecting delivered products and making them unfit for use,
under the terms set out in the appendix to these Terms and Conditions of Sale (Guarantee of Conformity / Hidden Defects Guarantee).
To exercise their rights, the Customer must inform the Seller in writing of any Product non-conformity within 2 days from the delivery of the Products or of the existence of any hidden defects within 7 days from their discovery.
The Seller will refund, replace or repair the Products or parts under warranty deemed to be non-compliant or defective.
The shipping fee will be reimbursed based on the amount invoiced and the return fees shall be reimbursed upon presentation of supporting documentation.
Refunds of Products deemed to be non-compliant or defective will be made as soon as possible and no later than 30 days after the Seller's recognition of the non-compliance or hidden defect.
The refund will be made by crediting the Customer's bank account or by cheque payable to the Customer.
The Seller shall not be liable in the following cases:
• non-compliance with the legislation of the country in which the products are delivered, which the Customer is responsible for verifying;
• in the event of misuse, use for business purposes, negligence or lack of maintenance by the Customer, as well as normal Product wear, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or refund of non-compliant or defective Products.
Article 10 - Data Protection
In accordance with Law 78-17 of 6 January 1978, the personal data requested from the Customer is necessary to process his order and prepare invoices.
This data may be communicated to the Seller’s partners who are responsible for order execution, processing, and payment management.
The processing of the information provided via https://www.raynal.fr/en has been declared to the CNIL.
In accordance with the national and European regulations in force, the Customer has a right of permanent access, modification, rectification and opposition with regard to his personal data.
This right may be exercised under the terms set out on https://www.raynal.fr/en.
Article 11 - Intellectual property
The content of the website https://www.raynal.fr/en is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of intellectual property rights.
Furthermore, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., created (even at the Customer’s request) for the provision of the Services to the Customer. The Customer is therefore prohibited from any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the Seller’s express, written and prior consent which may be subject to financial consideration.
Article 12 - Applicable Law - Language
These Terms and Condition of Sale and the operations arising in connection with them are governed by French law.
These Terms and Conditions of Sales are drafted in French. If it is translated into one or more languages, only the French version shall prevail in case of dispute.
Article 13- Disputes
Any disputes arising from sale and purchases transactions concluded pursuant to these Terms and Conditions of Sale, in respect of their validity, interpretation, performance, termination, their consequences and follow up, which cannot be resolved between the Seller and the Customer, will be submitted to the competent courts under the conditions of ordinary law.
In any event, the Customer may request conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sector-specific mediation bodies whose details are set out on https://www.raynal.fr/en, or any alternative dispute resolution method (for example, conciliation) in case of a dispute.
Article 14- Pre-Contractual Information - Customer Acceptance
The Customer acknowledges that, prior to the placing of its order and the conclusion of the contract, it has received, in a legible and understandable manner, these Terms and Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code, in particular the following information:
• the Product’s essential features, taking into account the communication media used and the relevant Product;
• Product price and associated costs (for example, delivery);
• in the absence of immediate contract performance, the date or time limit within which the Seller undertakes to deliver the Product;
• information regarding the Seller’s identity, its postal, telephone and electronic contact information, and its activities, if it is not apparent from the context;
• information about legal and contractual guarantees and how to use them;
• digital content functionality and, where applicable, its interoperability;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information regarding the right of withdrawal (its existence, conditions, time limit, terms of exercise and standard withdrawal form), Product return costs, termination and other important contractual terms;
• the means of payment accepted.
The placing of an order by a natural (or legal) person on https://www.raynal.fr/en implies complete acceptance of these Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives their rights to rely on any contradictory document, which would be unenforceable on the Seller.
Appendices - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity 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, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
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