0. Agreement on European General Data Protection Rules (GDPR)
In order to well protect your personal data, you have to well read GDPR regulation for understanding your rights and obligations and agree it with La Belle Vie Bijoux.
1. General provisions
1.1 The present conditions of sale and delivery apply to the sale and delivery of products offered on the website www.labelleviebijou.site:
The company "LA BELLE VIE" SARL, with a capital of € 8,000, whose registered office is 7-9 Rue Auguste Demmler, 92340 Bourg-la-Reine, France, RCS Nanterre, SIRET B 484 514 823 00034, email: labellevie@monsoons.fr (hereinafter referred to as "LBV"). to people wishing to make purchases ("you") on the website selling jewelry https://monsoons.fr/labellevieProd (the "Website").
1.2 Please read all these terms of sale and delivery carefully before ordering a product on the Website.
1.3 By ordering one of our products with payment obligation, you automatically accept the provisions described below because during the order, you will have to click on the button «I have read and I accept the general conditions of sale and delivery as well that the conditions relating to data protection "if you accept these terms of sale and delivery. We inform you that in case of refusal of the conditions of sale and delivery, you will not be able to order the articles proposed on the Website.
2. Your status
2.1 If you order an article on the Website, you warrant that the following conditions are met:
2.1.1 You are entitled to conclude legally binding contracts.
2.1.2 You are at least 18 years old.
2.1.3 You are a natural person acting as a consumer.
3. Purchase and order process
3.1 The order of a product on the Website is considered an offer to purchase this product in accordance with these conditions of sale and delivery.
3.2 After placing an order, you will receive an acknowledgment of receipt from your e-mail address stating that we have read your order. This does not mean that your order has been accepted because all orders are subject to the agreement of LBV who reserves, before any acceptance of your order and to secure transactions and fight against fraud, the right to ask you : - either to confirm by telephone certain information relating to your order,
- or to send him proof of identity and / or residence (photocopy of the identity card and / or photocopy of a proof of address of less than three (3) months).
You will then have a period of seven days to send by e-mail or fax the supporting documents in the requested format to the address which will be indicated to you. LBV is the sole recipient of these credentials and the information contained therein. The supporting documents that you may have provided us with at our request, are kept for one (1) month in our servers.
3.3LBV declines any responsibility for the erroneous photographs or misspellings appearing on our Internet site, including in the message appearing on the card included in the "gift packaging" and seized by you at the time of the order. LBV also reserves the right to refuse, in its sole discretion, any message deemed obscene, insulting or otherwise objectionable.
3.4 LBV undertakes to honor orders within the limits of available stocks, it is understood that LBV reserves the right to limit the number of purchases of products subject to an order as well as the number of identical copies a product that can be ordered at one time. If all or some of the products ordered are not available, you will be informed by email to the address you specified when ordering. You will then have the choice to wait for the product to be available again or to cancel the order.
3.5 LBV reserves the right to refuse any order made by a customer with whom there is a dispute over the payment of a previous order, and / or not in accordance with these conditions of sale and delivery, or in case of refusal or returns abnormal or abusive on your part.
4. Price and payment
4.1 The price of each product is the one indicated on the Website for the corresponding product, unless obvious error. VAT at the current rate is included in the prices shown. Any change in the applicable rate may be reflected in the price of the products. Prices are subject to change at any time. However, the applicable prices are those in effect on the day and at the time when you validate your order.
4.2 Delivery charges are not included in the price unless stated otherwise on the Website. In any case, the participation in delivery costs is indicated separately. The unit prices and the participation in delivery costs, will be indicated separately separately including the e-mail confirmation of the order, as the total price. We are not required to deliver a product to you at a wrong price if the price error is obvious and you could easily have detected that the price quoted was incorrect. If this is the case, we will contact you before delivery of the product.
4.3 Payment can be made with the credit cards described in the checkout process.
4.4 We will confirm the amount to be paid in the e-mail confirmation of the order. In any case, the provision of your credit card number and the final validation of your order will be proof of the completeness of your order in accordance with the provisions of the law of March 13th, 2000 and will be worth the sums committed by the seizure of the products. on the order form.
4.5 We debit the amount due on your bank account just before the delivery of the products and we inform you that we will not deliver the products ordered until we have received full payment. We therefore reserve the right to postpone the delivery date until we have obtained full payment for the products ordered.
4.6 All payments by credit card are subject to a validity check by the issuer of the card which must, in addition, authorize the use of the card. The order will only be considered effective after confirmation of the agreement of the bank payment centers. The personal data of the holder of the credit card which are necessary for these controls can thus be exchanged with thirds. If the credit card issuer does not authorize the payment of your order, the delay or the lack of delivery of the order can not be attributed to us.
5. Delivery
5.1 We will inform you more precisely of the delivery date by means of a dispatch notice sent by e-mail to the address that you communicated to us during the ordering process.
5.2 The delivery address will correspond to the data you have indicated and that we will have included in the order confirmation e-mail. In case of absence during delivery, a notice will be left and you will remove the package at the place and within the deadlines referred to therein. In case of exceeding the deadlines, the products will be returned to LBV and it will be your responsibility to contact customer service for a possible reshipping at your expense.
5.3 For practical reasons, it is sometimes desirable to send some products of the same order in several times (split shipment). If this is the case, this will be mentioned in the shipping notice and no additional delivery charges, if any, will be charged.
5.4If we are unable to comply with the delivery deadline indicated in the confirmation email of your order, without your failure such a lack of full payment, we will contact you immediately to send you the new delivery date. If you refuse the new delivery date or in any event after the delivery deadline initially fixed and after having given us formal notice to deliver within a reasonable additional period of time by e-mail to the address labellevie@monsoons.fr or by registered letter with acknowledgment of receipt, you can cancel the order by sending us a registered letter with acknowledgment of receipt or an electronic message to this same address. In this case, the purchase price of the corresponding products, including delivery costs, of which you will have been debited will be refunded within 14 days from the date of your cancellation by recrediting the account corresponding to the credit / debit card used to place the order.
6. Transfer of risks and ownership
6.1 The product becomes your property as soon as payment of the purchase price (including delivery charges) has been made in full.
6.2 Risk transfer takes place with delivery in your hands. The risks, within the meaning of this provision, are those related to the damage of the product or caused by its use, handling or storage. The risks associated with the return of a product, whatever the reason, are your responsibility.
7. Right of withdrawal and return of products
7.1 You have the right of withdrawal which you can exercise, without having to justify the reason, by informing us and by asking LBV customer service for a return authorization code by e-mail to the address. labellevie@monsoons.fr within a maximum period of fourteen (14) days from receipt of the product concerned or receipt of the last product referred to in your order if it has been delivered in several times. You must indicate in your email the number of the order corresponding to the product concerned that you will find on the invoice you received. We will acknowledge receipt of your e-mail of retraction by giving you the return authorization code. You will have a maximum period of fourteen (14) days from the sending of your email withdrawal to return the product concerned to LA BELLE LIFE, 44 Rue Pastourelle - 75003 PARIS accompanied by the delivery note and of the LBV return form that:
- you will find on the Website
- Returns heading, here, or that was attached to your delivery or our acknowledgment and that - you will have completed and signed. by adding in particular the return authorization code that was communicated to you.
7.2 If the retraction has been made within the time and under the conditions referred to above and the product that reaches us has not been worn, used, if it is not damaged, if it is in its original packaging. and when accompanied by the completed LBV return form, we will exchange the product or refund the invoice price, as indicated on the LBV return form. The cost of returning the product or products is your responsibility.
7.3 These return costs will only be refunded if the delivered products that you have returned to us within the time set by the Consumer Code, corresponding to those you ordered and they were not defective.
7.4 Any product returned incomplete, damaged, or soiled will not be taken back.
7.5 If you wish to be reimbursed in the exercise of your right of withdrawal, we will refund the amount billed within fourteen (14) days from the receipt of the product by LBV proof of their shipment that you will have sent us, the date of reference being the first of these facts by recreating the account corresponding to the credit / debit card used to place the order.
8. Warranty
8.1 Contractual warranty:
If the product is damaged or defective, LBV will repair the product immediately - after assessment - or deliver a replacement product after LBV has received the damaged or defective product.
8.1.2 All jewelery offered for sale on this Website has a warranty of 6 months (at the date of invoice), for defects in materials or workmanship.
8.1.3 The use of the guarantee must be made with LBV by returning the product to the head office in Paris.
8.1.4 Any request for the use of the guarantee must be accompanied by one of the following documents:
8.1.4.1 the original invoice or original delivery note and a bank or credit card statement.
8.2 Legal guarantee:
In any case, you benefit from the legal guarantees of conformity of the property to the contract and hidden defects in accordance with the legal provisions referred to below:
8.2.1 The seller is obliged to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this it was charged to him by the contract or was carried out under his responsibility. (L.211-4 of the Consumer Code)
8.2.2 To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. (L 211-5 of the Consumer Code)
8.2.3 The action resulting from the lack of conformity is prescribed by 6 months from the delivery of the goods. (L 211-16 of the Consumer Code)
8.2.4 The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which reduce such use so much that the buyer would not have acquired it, or would have given a lower price, had he known them. (Article 1641 of the Civil Code)
8.2.5 The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (Article 1648 of the Civil Code al.1)
9. Liability
9.1 LBV is responsible for the proper performance of the obligations arising from the contract, whether these obligations are to be performed by itself or by other service providers, subject to its remedies against them.
9.2 However, LBV is not liable to you for damages caused by your own act, omission or fault, in case of force majeure or by any third party unrelated to LBV for the performance of the contract.
9.3 LBV takes the utmost care in presenting the products and their description. However, the photos of the products are presented for illustrative purposes only. Please refer to the description of each product for specific features.
9.4 Consultation and ordering on the Website implies knowledge and acceptance of the characteristics and limitations of the Internet, particularly with regard to technical performance, response times for consulting, interrogating or transferring information. information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on Internet, the lack of protection of certain data against possible diversions and the risk of contamination by any viruses circulating on the network.
9.5 LBV can not be held responsible for any direct or indirect damage resulting from an interruption, a malfunction whatsoever, for any reason whatsoever, or any direct or indirect damage that would result, d in any way, from a connection to the Website. It is the responsibility of any user to take all appropriate measures to protect their own data and / or software stored on their computer against any infringement. The connection of any person to the site is under their full responsibility.
9.6 In any case, except fraud and gross negligence, and liability for defective products, LBV's total liability for all of the damages it may cause to you under the contract is limited to the sole remedy of foreseeable, direct and material damage actually suffered by you due to a failure of LBV. This repair can not in any case exceed the amount of your last purchase, even if LBV was informed of the possibility of occurrence of such damages.
10. Property Rights and Authorization to Use
10.1 LBV is the owner of intellectual or industrial property rights (eg trademark rights, patent rights, rights of registered design models and design rights) on all information, software, documentation, data , data structures, services, logos, trademarks, designs, text, video files, audio files, images and other content (hereinafter referred to as "Content") published on or used in connection with the Website. The absence of mention of property rights can not however mean that the elements of the Website are not covered by any rights of LBV.
10.2 The contents of the Website may only be downloaded, displayed and / or printed for private and non-commercial purposes and only under the conditions provided that:
Reproduction in whole or in part of the Website is strictly prohibited;
Documents or graphics associated with the Website are not subject to modification, decomposition or translation;
The graphics of the Website are not used without the accompanying texts;
All types of copyright and other rights related to the content downloaded by the user are maintained and reproduced by them;
The source code or the structure of the representations and / or contents and / or the contents themselves are not disclosed, decompiled and used for purposes other than those strictly necessary for the operation and use of the Website; and or The contents are not used for the manufacture of derivative products.
11 Links to and from other websites
11.1 Hyperlinks from the Website to third party websites may exist. These other sites are not under the control of LBV and you acknowledge that LBV is not responsible for the accuracy, the respect of the rights of intellectual or industrial property, the legality, nor any contents of these sites. LBV can not reasonably, without a concrete indication of the violation of a right, carry out a continuous monitoring of the contents of the websites with which the Website is linked. LBV will remove such links immediately if it discovers or is aware of any breach of right. LBV can not assure you that you will be satisfied with any products or services that you may obtain on any of these third party sites. You are invited to carry out any research that you consider necessary or appropriate before making any transaction with any of these third party sites.
11.2 The creation of hyperlinks to the LBV Website is only permitted for private and non-commercial purposes. In this context, hyperlinks such as "Deep Linking", "Framing", "In-Line Linking" and all types of integration of all or part of the LBV Website into the websites of third parties are prohibited. LBV declines any responsibility in the event of the violation of these conditions and more generally with regard to any third site which would point towards the Website.
11.3 In any case, any link to the Website must be removed at the request of LBV.
12 Duration
12.1 The present conditions apply for the duration of the putting on line of the products offered for sale by LBV on the Website. They are subject to change. The applicable conditions are those in force on the day and time when you validate your order.
13 Miscellaneous
13.1 Transfer of rights and charges. The contract between LBV and you binds us and our respective assigns. You may not transfer, assign, encumber or otherwise dispose of the delivery right of the products ordered and defined in this agreement, without having obtained our prior written consent.
13.2 Validity. If one of the provisions of these terms of sale is considered illegal or unenforceable by a court decision, the other provisions remain in force and applicable.
13.3 Electronic communication. By browsing our website, you agree that the communication - in accordance with the legislation in force - is carried out electronically. The computerized records kept in the computer systems of LBV and its service providers under reasonable security conditions will be considered as evidence of orders, communications and payments between LBV and you. The filing of purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy within the meaning of Article 1348 of the Civil Code. You can access your archived contracts by making the request under the same conditions as those applicable to access to your personal data as referred to in the page "Data Protection Terms" of our Website .
LBV contact address :To contact our client service, send us an email at labellevie@monsoons.fr.
13.5 Jurisdiction and applicable law. These conditions of sale and delivery are governed by French law. The competent court will be the French court territorially competent under French law. However, in accordance with the terms of Article L.133-4 of the Consumer Code, in case of dispute, you will be able to seize the Consumer Mediation Commission. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
13.6 You have, at any time, a right of access, opposition and rectification of your personal data by writing, by mail and justifying your identity, to LA BELLE VIE 7-9 Rue Auguste Demmler 92340 Bourg-la-Reine