General terms and conditions of sale
The present general terms and conditions of sale apply between: SAS PÉROUSE Paris with a share capital of 20 000€, having its registered office in Paris, registered in France, at the RCS of Paris, under the number 808775134 and intra-community VAT number FR 06 808775134.
Hereinafter " PEROUSE Paris ".
And:
Any person making a purchase on the website www.perouse.paris
Hereinafter " The Customer ".
The customer declares to have the capacity to conclude the present contract, i.e. to have the legal majority and not to be under guardianship.
The order by the customer implies the irrevocable acceptance of these general conditions of sale.
ARTICLE 1: Contract
The Customer is aware that the Contract may be updated or modified at any time. It is specified that when you place an order on the site, the applicable conditions are those in force on the site at the time of the order.
ARTICLE 2: The customer
When registering his personal data, the customer must be careful to ensure that the information given is accurate. PÉROUSE Paris is not responsible for the impossibility to deliver the product.
PEROUSE Paris is not responsible for the verification of the customer's identity.
ARTICLE 3: Products
The products offered on the website are those described at the time of the consultation. PÉROUSE Paris takes great care in the description of its products and wishes to provide a maximum of details about them. Each product includes photographs and technical details. The photographs are of good quality but it is possible that the similarity is not perfect, especially in terms of colors. It is therefore possible that a non-substantial error is present on the site, which the customer acknowledges and accepts.
The products are sold within the limits of available stocks. PEROUSE Paris also reserves the right to limit the quantity of products that can be ordered by a customer during a single purchase. Orders may not include more than six (6) products in a single purchase on the Website.
ARTICLE 4: Order
To validate the order, the customer must follow the different steps set up by PEROUSE Paris.
Once the order is validated by the customer, it means that he/she accepts all the stipulations and this takes the value of a contract.
In order to avoid any error, we recommend that you carefully check the details of your order (product, price, quantity) before confirming the purchase, and that you repeat this check upon receipt of the order summary email. These details are also available in the "my account" category on the www.perouse.paris website.
PEROUSE Paris reserves the right to refuse, cancel and terminate orders at any time for legitimate reasons. For example, PEROUSE Paris may refuse, cancel or terminate your order if there is an ongoing dispute regarding the payment of a previous order or if PEROUSE Paris suspects a violation of the general sales conditions or any attempt at fraud.
ARTICLE 5: Prices and payment terms
1.5: Prices
The prices of the products are indicated in euros, all taxes included, excluding delivery costs.
The basket indicates the total price to be paid by the customer, i.e. all taxes included as well as the delivery costs.
The prices displayed on the site take into account the VAT and this tax may vary depending on the country of invoicing.
For sales outside the European Union, prices are FOB Paris. Customs clearance and payment of various duties or taxes are at the customer's expense.
PEROUSE Paris reserves the right to change prices at any time without notice. However, the price charged will always be the price displayed at the time of payment of the order.
2.5: Payments can be made :
(I) By credit card (Maestro, Visa, MasterCard, American Express, Carte Bleue, Discover, Carte Aurore, 4 étoiles, Cofinoga or Privilège): the amount of your order is then debited at the time. The date of registration of the order is the date of online payment.
(II) By Paypal: the amount of your order is then debited at the same time. The date of registration of the order is the date of online payment.
(III) By bank transfer: Our Site provides you with the bank details of PEROUSE Paris. You must make the required transfer so that it appears within 7 (seven) days for the order to be registered. The date of registration of the order is the date of receipt of the funds in the account of PEROUSE Paris.
(IV) Payment in instalments with Alma.
If you pay your order in instalments, you accept the general customer conditions of Alma. as well as the special Alma conditions for PEROUSE PARIS customers.
3.5: Invoice
An invoice for your order will be sent to you by email as soon as your order is confirmed. A paper invoice will also be sent with the order if desired (please make a request by email or telephone).
3.6 : Security
We will do our utmost to protect your personal information throughout the online sales process, but we cannot guarantee the integrity and security of the data you communicate on the Website and cannot be held responsible for any damage or loss resulting from the use of the Internet network, for example in the event of hacking.
ARTICLE 6: Delivery
Once the order has been validated by us, within 2 days, you will receive a written progress report on the delivery of your order.
Your order will be delivered to the address you gave us when you made your purchase.
Deliveries are made by the Colissimo service and delivery costs are added to the price of the products invoiced.
Except in case of insufficient stock, the products will be delivered to the address indicated within a maximum of 3 weeks from the registration of your order. In the event of a manufacturing or a particular treatment being carried out, you will be informed by email as soon as possible.
The Customer will be informed of any delay in delivery of which we are aware.
Finally, shipments of several products ordered may be split if some creations are available earlier than others.
ARTICLE 7: Refunds and returns
1.7 - Conditions of return of a product
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from PEROUSE Paris, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, on condition that the Products are returned in their original packaging and in perfect condition within 14 days of the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website http://www.perouse.paris/ (Appendix II below), in which case the Seller shall immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The exchange (subject to availability) or refund will be made within "14" days from the date of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
2.7 - Conditions for refunding a product
The Products must be returned new and unused. Jewellery must not be worn under any circumstances.
All returns will be subjected by PEROUSE Paris to a rigorous Quality Control (QC) to ensure that the returned products comply with the quality requirements.
If the returned product meets the Quality Control (QC) standards, PEROUSE Paris will proceed with the refund or the exchange, as the case may be.
Refunds can be made by bank transfer or by cheque made out to the customer and sent to the customer's billing address.
A resizing (of rings in particular) is also possible before or after the authorized withdrawal period. You will simply be informed of an additional cost if this period is exceeded.
Resizing is possible outside the European zone, however, additional costs due to customs duties will have to be borne by the customer.
ARTICLE 8: Repairs
For all questions concerning a repair, please contact our Customer Relations Department (telephone number and e-mail address indicated on the Website).
ARTICLE 9: Price accuracy and product description
Although PEROUSE Paris makes every effort to verify the accuracy of information published on the Website, in advertisements or in catalogues, or communicated by the Customer Relations Department, it does not provide any guarantee, explicit or implicit, regarding the accuracy, reliability and completeness of such information.
While PERUUSE Paris endeavours to ensure that descriptions are as accurate as possible, and that photographs or graphical representations of PERUUSE Paris products displayed on the website or in a catalogue are as close to reality as possible, PERUUSE Paris does not warrant that these or any other contents are error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. In the event of such an error, the Customer may recourse by returning the product as indicated in our returns policy.
ARTICLE 10: Guarantees and responsibilities
The Products supplied by PEROUSE Paris are covered by law and without any additional payment, in accordance with the legal provisions under the conditions and according to the methods mentioned in the box below and defined in the appendix to the present General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects) :
- the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order or to the immediate purchase,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use,
It is recalled that under the legal guarantee of conformity, the Customer :
- has a period of two years from the delivery of the goods to act against the Seller;
- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 211-9 of the Consumer Code;
- - is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the warranty against hidden defects Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform PEROUSE Paris, in writing, of the non-conformity of the Products within the above-mentioned time limits and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
PEROUSE Paris will reimburse, replace or repair the Products or parts under warranty that are judged to be non-conforming or defective.
In case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
Reimbursements for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 45 days of the Seller's finding of the lack of conformity or hidden defect.
The reimbursement will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
PEROUSE Paris cannot be held responsible in the following cases
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
PEROUSE Paris's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 11: Cookies
During the consultation of the site, information relating to the navigation of Customers may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone). These cookies are issued by PEROUSE Paris in order to facilitate navigation on the site and to recognize the Customer's browser when they are connected to the Site.
These cookies are issued in order to :
- Establish statistics of frequentation (number of visits, pages seen, abandonment in the ordering process, ...)
- Adapt the presentation of the Site to the display preferences of the terminals,
- To store information entered in forms, to manage and secure access to reserved and personal areas such as the Customer account and to manage the shopping cart.
- PEROUSE Paris reserves the right to install cookies on the Customer's computer when visiting the Site.
A cookie does not identify the Customer, but its purpose is to indicate any previous visit by the Customer to the Site in order to help PÉROUSE Paris personalise its services.
The Client may set the parameters so that cookies are deactivated and thus prevent cookies from being installed on his/her computer without his/her express consent. Any settings made by the Client may modify the navigation on the Internet and the conditions of access to certain services of the Website requiring the use of Cookies.
The Customer may express and modify his wishes regarding cookies at any time, by the means described below: The Site uses computer applications from third parties, which allow the Customer to share the contents of the Site with other people or to make known to these other people his opinion concerning a content of the Site. (Social networks such as Facebook, "Google+", "Twitter", etc).
When the Customer consults a page of the Site containing a "Share" or "Like" button, his browser establishes a direct connection with the servers of the social network concerned. If the Customer is connected to the social network while browsing, the application buttons make it possible to link the pages consulted to his account. If the Customer interacts with the plug-ins, for example by clicking on the "Like" button or by leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account. If the Customer does not want the social networks to link the information collected through the Site to his/her account, he/she should log out of the relevant social network before visiting the Site.
PEROUSE Paris is not responsible in any way for the content or operation of any social network, including those that may be linked to the Site.
ARTICLE 12: Final clauses
For further information or complaints, you can also contact the Customer Relations Department at the telephone number and e-mail address indicated on the Website.
APPENDIX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the good must :
- Be fit for the purpose usually expected of similar goods and, where appropriate :
- correspond to the description given by the seller and possess the qualities that the seller 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
- 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 L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee 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 immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known about them.
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.
ANNEX II - WITHDRAWAL FORM
(to be copied and returned in case of return)
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on http://www.perouse.paris except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms of Sale.
To the attention of
PÉROUSE Paris
10, passage des 2 soeurs
75009 Paris
I hereby give notice of withdrawal from the contract for the services ordered below:
- Date of the order: ...........................................................
- Order number: ...........................................................
- Customer's name: ...........................................................................
- Customer's address: .......................................................................
Customer's signature (only if this form is notified on paper) :
Last revised: 26 January 2016