General Conditions of sale of jewelry of Dragon Opal sold by mail order on the Internet site www.odragons.com
The present general conditions of sale apply to all sales made on the Internet site O the Dragons.
The website www.odragons.com is a service of :
• Dragon Opal
• Siret : 390 787 109 00037
• Located at The Breteche, 37460'orbigny, France.
• URL address of the website: www.odragons.com
• e-mail: email@example.com
• phone: +33(0)680433875
The website O Dragons markets the following products : jewels and jewelry.
The customer declares to have read and accepted the terms and conditions of sale before placing his order. The validation of the order implies acceptance of the general conditions of sale.
Article 1 - Principles
The present general conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept without reservation.
The present general conditions of sale apply to the exclusion of all other terms, conditions, and notably those applicable to sales in stores or through other distribution channels and marketing.
They are accessible on the internet site O the Dragons and prevail, if any, over any other version or any other contradictory document.
The seller and the buyer agree that these terms and conditions govern exclusively their relationship. The seller reserves the right to change time to time its terms and conditions. They will be applicable from the beginning of their line.
If a condition of sale were to default, it would be governed by the uses in force in the sector of the remote sale whose companies have seat in France.
The present general conditions of sale are valid until 31 December 2018.
Article 2 - Content
The present general conditions have for object to define the rights and obligations of the parties under the online sale of goods offered by the seller to the buyer, from the internet site O the Dragons.
These conditions apply only to purchases made on the site of O Dragons and delivered exclusively in metropolitan france or in Corsica. For deliveries in the DOM-TOM or abroad, it should send a message to the following e-mail address: firstname.lastname@example.org.
These purchases relate to the following products : jewels and jewelry.
Article 3 - pre-contractual Information
The buyer acknowledges to have taken communication, prior to the placing of the order and the conclusion of the contract, a legible and comprehensible manner, of these general conditions of sale and all the information listed in article L. 221-5 of the code of the consumption.
Are transferred to the buyer, clear and comprehensible manner, the following information :
the essential characteristics of the property ;
- the price of the property and/or the method of calculation of the price
- and, if applicable, all additional freight, delivery or postage and all other costs payable.
- in the absence of immediate execution of the contract, the date or the period within which the seller undertakes to deliver the goods, regardless of its price ;
- information relating to the identity of the seller, its postal address, telephone, and electronic, and to its activities, those relating to the legal safeguards, to the features of the digital content and, where applicable, its interoperability, the existence and terms of implementation of the safeguards and other conditions of the contract.
Article 4 - The command
The buyer has the option of ordering online, from the online catalog and using the form contained therein, for any product, within the limit of stocks available.
The buyer will be informed of any unavailability of the product or of the goods ordered.
For the order to be validated, the buyer must accept by clicking where indicated, these terms and conditions. He will also have to choose the address and mode of delivery, and finally validate the method of payment.
The sale will be considered final :
- after sending to the buyer's confirmation of acceptance of the order by the seller via electronic mail ;
- and after receipt by the seller of the full price.
Any order is worth acceptance of the prices and descriptions of products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the account of the buyer, the seller reserves the right to block the buyer's order until resolution of the problem.
For any question relating to the status of an order, the buyer must call the following telephone number: +33(0)680433875 (cost of a local call), on the days and during the following times: All days from 11h to 20h., or send a mail to the seller at the following email address: email@example.com.
Article 5 - electronic Signature
The supply online of the credit card number of the purchaser and the final validation of the order constitute proof of the agreement of the buyer :
- the payability of the amounts due under the purchase order,
- signature and express acceptance of all operations performed.
In the event of fraudulent use of the credit card, the buyer is invited, as the report of this use, to contact seller at the following telephone number: +33(0)680433875.
Article 6 - Confirmation of order
The seller provides the buyer with a copy of the contract, by e-mail.
Article 7 - Proof of the transaction
The records stored in computer systems seller within reasonable safety conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is made on a reliable and durable can be produced as evidence.
Article 8 - Information about the products
The products governed by these general terms and conditions are those which appear on the internet site of the vendor and which are indicated as sold and shipped by the seller. They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions were able to occur as for this presentation, the seller's liability could not be committed.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates listed at the time of the order, subject to availability on that date.
The prices are indicated in euros. They do not take into account expenses of delivery, invoiced in supplement, and indicated before the validation of the order.
In accordance with article 293 B of the French General Tax Code, the tax on the value added tax (VAT) is not applicable on products sold by Dragon Opal on the Internet site www.odragons.com.
If one or several taxes or contributions, including environmental were to be created or modified, up as down, this change will be reflected on the selling price of the products.
Article 10 - method of payment
It is an order with obligation of payment, which means that placing the order involves a regulation of the buyer.
To regulate his order, the purchaser shall, at its option, of all modes of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that it has the authorizations possibly necessary to use the mode of payment chosen by him, during the validation of the order. The seller reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment per bank card on behalf of officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order emanating with a purchaser who would not have regulated completely or partially a previous order or with whom a payment dispute is being of directors.
The payment of the price is made in full on the day of the order, according to the following terms and conditions:
card payment and Paypal.
Article 11 - Availability of products - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping time will be within the limit of available stocks, those indicated below. The delivery times run from the date of registration of the order indicated on the confirmation email of the order.
For deliveries in Metropolitan France and in Corsica, the time period is between 2 and 5 working days depending on carrier, starting from the day following that on which the buyer placed his order, according to the following terms and conditions: By Colissimo, Chronopost or Letter Followed. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.
In the case of non-respect of the date or the agreed delivery period, the purchaser shall, prior to breaking the contract, requiring the seller to perform it within a reasonable additional period of time.
A default implementation to the expiration of this new deadline, the buyer can freely break the contract.
The buyer will have to accomplish such formalities successive by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the trader has executed in the meantime.
The buyer may, however, immediately resolve the contract, if the dates or times given above are for him an essential condition of the contract.
In this case, when the contract is terminated, the seller must reimburse the buyer all sums paid, at the latest within 14 days following the date on which the contract was to be terminated.
In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the possibility to cancel his order. The buyer will then have the choice to ask either for the refund of the sums paid within 14 days at the latest of their payment, or exchange of the product.
Article 12 - Terms of delivery
Delivery means the transfer to the consumer of the physical possession or control of the property. The ordered products are delivered according to the time and manner specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the purchaser will have to ensure its accuracy. Any package returned to seller due to shipping address that is inaccurate or incomplete will be shipped back at the buyer's expense. The buyer may, at its request, obtain sending an invoice to the billing address and not the delivery address by validating the option envisaged for this purpose on the purchase order.
If the buyer is absent the day of delivery, the driver will leave a delivery notice in the mailbox, which will collect the parcel at the place and during the time period indicated.
If at the time of delivery, the original packaging is damaged, torn, or opened, the purchaser must check the condition of the items. If they were damaged, the buyer must refuse the package and note a reserve on the delivery (parcel refused because opened or damaged).
The buyer must indicate on the delivery order and form of handwritten reserves accompanied by his signature, any anomaly concerning the delivery (damage, missing product compared the delivery order, damaged parcel, broken products...).
This verification is considered as made once the purchaser, or a person authorized by him, has signed for the delivery.
The buyer will then need to confirm by registered mail to the reservations to the carrier no later than two business days following the receipt of articles and transmit a copy of this mail by fax or simple mail to the vendor at the address indicated in the imprint on the site.
If the products need to be returned to the seller, they must be the subject of a request back from the seller within 14 days of delivery. Any complaint formulated outside this deadline will not be accepted. The return of the product will be accepted for products in their original state (packaging, accessories, instructions...).
Article 13 - delivery Errors
The buyer must make to the seller the same day of the delivery or at the latest the first wrought day following the delivery, any complaint of error of delivery and/or non-conformity of goods in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this deadline will be rejected.
The complaint may be made, at the option of the buyer :
- telephone number :+33(0)680433875;
- e-mail : firstname.lastname@example.org.
Any complaint not made in rules defined above and within the time limits could not be taken into account and release the seller from any liability vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign a number exchange of the product(s) concerned(s) and communicate by e-mail to the buyer. The exchange of a product can take place only after the attribution of the exchange number.
In case of error of delivery or exchange any product for exchange or refund must be returned to the seller in its entirety and in its original packaging, in Colissimo Recommended at The following address :la Breteche, 37460'orbigny.
The return costs are borne by the seller.
Article 14 - Warranty products
Legal guarantee of conformity and guarantee legal hidden defects
O Dragons is the guarantor of the conformity of goods to contract, allowing the buyer to make a claim under the legal warranty of conformity provided for in articles L. 217-4 and following of the consumer code or of the guarantee of defects of the thing sold, within the meaning of articles 1641 and following of the civil code. In the case of implementation of the legal guarantee of conformity, it is recalled that :
- the buyer has a period of 2 years from the date of delivery of the property to act ;
- the buyer may choose between the repair or replacement of the property, subject to cost conditions laid down by article L. 217-17 of the consumer code ;
- the buyer does not have to provide proof of the non-compliance of the property during the 24 months in the case of new goods, following delivery of the goods.
In addition, it is recalled that :
- the legal guarantee of conformity applies irrespective of the commercial warranty as shown below ;
- the buyer can decide whether to implement the guarantee against hidden defects of the thing sold, within the meaning of article 1641 of the civil code. In this case, he may choose between the rescission of the sale or reduction of price in accordance with article 1644 of the civil code.
Article 15 - Right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 working days from the date of delivery of his order, to return any article that does not suit him and ask exchange or refund without penalty, except the cost of return which remain the responsibility of the buyer.
Returns are to perform in their original condition and complete (packaging, accessories, manuals...) for their remarketing in new condition, accompanied the purchase invoice.
The products that are damaged, soiled or incomplete are not included.
The right of withdrawal may be exercised by line, using the withdrawal form available on the website O Dragons. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous, and express the desire to withdraw from the contract.
In case of exercising the right of withdrawal within the aforementioned period of time, are refunded the price of the product(s) purchased(s) and the delivery costs are reimbursed.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within a period of 48 hours, and at the latest, within the period of 14 days from the receipt by the seller of the products returned by the purchaser under the conditions referred to above.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing execution under normal conditions of their bonds are considered grounds for exemption of the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above, it shall immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by these last, despite everything the reasonably possible efforts. In way express, are regarded as cases of force majeure or fortuitous events, besides those usually retained by the jurisprudence of courts and tribunals French : blocking means of transportation or supplies, earthquakes, fires, storms, floods, lightning, stop telecommunication networks or difficulties specific to telecommunication networks to external customers.
The parties will come together to examine the impact of the event and agree of conditions in which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these terms may be terminated by the aggrieved party.
Article 17 - intellectual Property
The content of the website remains the property of the seller, the sole holder of intellectual property rights on this content.
The buyers undertake to make no use of such content ; any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
Article 18 - data processing and Freedoms
The personal data provided by the buyer is required to process the order and to the establishment of the invoices.
They can be communicated to partners of the seller are responsible for the implementation, processing, management and payment of orders.
The processing of the information by the intermediary of the internet site O the Dragons has been the subject of a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information about it. This right may be exercised under the conditions and according to the terms defined on the site O the Dragons.
Article 19 - Non-partial validation
If one or more stipulations of these general conditions are held for nonvalid or are declared such in application of a law, a regulation or following a final decision of a court of competent jurisdiction, the other stipulations shall retain their entire force and scope.
Article 20 - Non-waiver
The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles heading the clauses and any clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are drafted in the French language. In the case where they are translated into one or more foreign languages, only the French text would prevail in case of dispute.
Article 23 - Mediated
The buyer may have recourse to mediation, and conventional, in particular with the Commission of mediation of consumption or to the instances of mediation existing sector, or any form of alternative dispute resolution (conciliation, for example) in case of dispute.
Article 24 - applicable Law
These terms and conditions are subject to French law. The competent court is the court of first instance of Towers for disputes whose amount is less than 10000 € or the tribunal de grande instance for disputes whose amount is greater than 10000 €.
It is for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will apply in priority to the seller for an amicable solution.
The Consumer Code
Article L. 217-4: “The seller shall deliver a good in conformity with the contract and answers defects of compliance existing during the issuance.
He also answers defects of conformity resulting from the packaging, instructions for assembly or installation when it was put at its load by the contract or was realized under its responsibility.”
Article L. 217-5: “The property is in conformity with the contract:
1° If it is specific to the usually awaited use of a similar good and, if applicable:
- if it matches the description given by the seller and possess the qualities that the seller presented to the buyer as a sample or model;
- if it has the qualities that a purchaser can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or on labelling;
2° Or present the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the purchaser, brought to the knowledge of the seller and the latter accepted.”
Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know and was not legitimately not know about them”.
Article L. 217-7: “The defects of conformity which becomes apparent within a period of twenty-four months from delivery of the goods shall be presumed to exist at the time of issuance, unless evidence to the contrary. For goods sold second hand, this period is set at six months. The seller may counter this presumption if it is not compatible with the nature of the property or the non-conformity invoked.”
Article L. 217-8: “The buyer is entitled to demand compliance with the contract. However, he cannot challenge the compliance by invoking a default he knew or could not ignore when contracted. It is also the case when the defect has its origin in materials he himself provided.”
Article L. 217-9: “In the event of lack of conformity, the buyer chooses between repair and replacement of the property. However, the seller may not proceed depending on the choice of the buyer if this choice involves a manifestly disproportionate to cost the other modality, taking into account the value of the property or of the importance of the defect. It is so bound to proceed, unless this is impossible, according to the modality not chosen by the purchaser.”
Article L. 217-10: “If repair and replacement are impossible, the buyer can make good and get refund the price or keep the property and to be a part of the price. The same faculty is open to : 1° If the solution sought, offered, or agreed to pursuant to article L. 217-9 may not be implemented in the period of one month following the buyer's claim ; 2° Or, if this cannot be done without major inconvenience to it given the nature of the property and use it to search. The resolution of the sale may not, however, be pronounced if the lack of conformity is minor.”
Article L. 217-11: the application of The provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages.
Article L. 217-12: “the action resulting from The defect of conformity is prescribed by two years from delivery of the goods.”
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as resulting from articles 1641 to 1649 of the civil code, or any other action of a contractual or non-contractual which is recognized by law."
Article L. 217-14: "The action under a right of recourse can be exercised by the seller final against sellers or intermediaries successive and the producer of the tangible personal property, in accordance with the principles of the civil code.
Article L. 217-15: "The commercial guarantee means the contractual commitment of the professional towards the consumer for the refund of the purchase price, replacement or repair of the property or the provision of any other service in connection with the property, in addition to its legal obligations to ensure the compliance of the property.
The commercial guarantee is the subject of a written contract, a copy of which is handed over to the buyer.
The contract specifies the content of the guarantee, the modalities of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, he mentions a clear and precise manner that, regardless of the commercial guarantee, the seller remains liable to the legal guarantee of conformity, as referred to in articles L. 217-4 L. 217-12, and from that relating to the defects of the thing sold, in the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as article 1641 and the first paragraph of article 1648 of the civil code are fully reproduced in the contract.
In the case of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely."
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee which was granted when the acquisition or repair of movable property, a restoration covered by the guarantee, any lock-in period of at least seven days, adding to the duration of the warranty left to run.
This period runs from the intervention request of the buyer or the provision for repair of the property in question, if this provision is later than the request for intervention.”
Article 1641: “The vendor is obliged to guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price, had he known.”
Article 1648: “The action resulting from latent defects must be brought by the buyer within a period of two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be lodged, under penalty of foreclosure, in the year that follows the date on which the seller may be relieved of vices or defects of conformity".