General conditions of sale
Clause No. 1: Purpose
The general terms and conditions of sale described below detail the rights and obligations of Marie Pompougnac Bijoux and its customers in connection with the sale of handmade jewelry, exclusively via the Internet.
Any service provided by Marie Pompougnac Bijoux therefore implies the buyer's unreserved acceptance of these general terms and conditions of sale.
The buyer declares:
• That they have the capacity to enter into this contract
• That they are not purchasing products for the purpose of reselling them.
By ordering a product offered for sale on the website www.marie-pompougnac-bijoux.com/, the buyer fully and unreservedly accepts these General Terms and Conditions of Sale, which they acknowledge having read before placing their order.
Clause No. 2: Prices
The prices of the products sold are those in effect on the date the order is placed. They are denominated in euros, including VAT. They will be increased by the shipping costs applicable on the day of the order.
Marie Pompougnac Bijoux reserves the right to modify its prices at any time. However, it undertakes to invoice the products ordered at the prices indicated when the order is placed.
Clause No. 3: Discounts and promotions
The prices offered include any discounts and promotions that Marie Pompougnac Bijoux may offer.
Clause No. 4: Payment terms
Payment for orders is made for delivery in mainland France. Payment is made online by credit card.
The following credit cards are accepted: Carte Bleue, Visa, Eurocard/Mastercard.
The invoice will be included in the package containing the product(s) ordered.
Secure payment is handled by a payment platform with SSL encryption (https) to guarantee maximum security. At no time does Marie Pompougnac Bijoux or any other person have access to your payment details. This information is also not stored on our servers. You should never disclose this confidential information by telephone or email.
In any event, Marie Pompougnac bijoux reserves the right to refuse any order or delivery in the event of a dispute with the buyer due to non-payment or partial payment of a previous order by the buyer, or refusal of authorization for payment by credit card by banking institutions.
Clause No. 5: Products
The products offered for sale by Marie Pompougnac Jewelry are those listed on the website and are available for sale while stocks last.
The products offered for sale are described as accurately as possible, however, the photos are not contractual: as each piece of jewelry is handmade, there may be slight differences in design or color for the same model.
Clause No. 6: Retention of title clause
Buyers placing their orders directly on the website www.marie-pompougnac-bijoux.com/ must follow the following procedure:
– When placing an order, the buyer must fill out a form containing the following information: title, last name, first name, full delivery address, email address, and phone number. The buyer then specifies the chosen delivery method.
– The buyer selects the various products they are interested in and clicks on the “Add to my cart” link.
– At any time, they will have the option to:
• Obtain a summary of the selected products by clicking on the “My basket” link.
• Continue shopping by clicking on the “Continue shopping” link.
• Finalize their selection and place their order by clicking on the “Payment” link.
All orders imply express and irrevocable acceptance of the prices and descriptions of the products available for sale and to order.
Marie Pompougnac Jewelry reserves the right not to fulfill an order in the event of a legitimate reason as defined by the regulations (dispute relating to a previous order, abnormal request from the customer).
Clause No. 7: Delivery
Delivery is made:
• by postal delivery of the products to the buyer by tracked letter.
• to the address indicated by the buyer on the order form after payment of the delivery costs.
Delivery times are generally a maximum of 5 working days after the order is placed, subject to the accuracy of the address provided. However, these are given as an indication only and may vary due to various factors beyond our control (e.g. the availability of the postal service). We undertake to forward your order to the postal services within a maximum of 4 working days after your purchase on our website, except during holiday periods or in exceptional circumstances.
In the event of delivery to a collective address, Marie Pompougnac Bijoux cannot be held liable if the shipment is not received by the final recipient but by a third party.
Any reasonable delay in the delivery of the products shall not entitle the buyer to:
• the award of damages.
• cancellation of the order.
• In the event of a package being damaged during transport, the buyer must make all claims to the service that provided the transport.
Clause No. 8: Returns and exchanges
From the date of receipt of their order, customers have 14 days to contact customer service.
Please contact customer service in advance by email at marie.pompougnac.bijoux@gmail.com, specifying your name, date of purchase, product reference, and reason for return, and indicating whether you would like an exchange, a refund, or a refund in the form of a gift card. Orders for personalized and custom-made jewelry are neither exchangeable nor refundable.
In accordance with Article L.221-23 of the French Consumer Code, the Customer undertakes to return the item(s) concerned within a maximum of fourteen (14) days from the date of delivery.
After this period, the products delivered will be deemed to be compliant and accepted by the buyer. Marie Pompougnac Jewelry may therefore reserve the right to refuse an exchange or refund.
The returned item must not have been worn, used, or washed and must be returned in its original packaging, accompanied by a copy of the email sent to Marie Pompougnac Jewelry mentioning the order number, the buyer's full contact details, and the desired return method between “exchange” or “refund.”
Unless the return is due to an error on our part, you are responsible for the shipping costs.
The customer must return their item(s) to the following address:
Marie Pompougnac Jewelry
80 Rue Rouget de Lisle
92000 Nanterre
Upon receipt, a quality control check will be carried out on the goods received. No item that has been used or damaged by the customer will be eligible for exchange or refund.
The refund will be made directly to the buyer's credit card used for the purchase. A confirmation email will be sent to the buyer.
Exchange for one or more other items is possible only if their total sale price does not exceed the price paid for the initial order (subject to availability on the date of receipt of the returned package).
The buyer benefits from the legal guarantee of conformity and therefore from the application of Article L211-4 of the Consumer Code, which states that “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.”
The guarantee of conformity applies to our products that are defective (products unsuitable for the use you would expect, lack of essential characteristics for their use, partial or total malfunction of the product), even in the absence of a contractual guarantee.
In the event of a lack of conformity, we undertake to return an equivalent product (in terms of form and price) to the buyer or to refund the full price paid. The costs of returning and reshipping the new product will then be borne by us.
The presumption of lack of conformity no longer applies if it appears more than 15 days after the sale. In all cases, a photo of the defective product must be sent by email to marie.pompougnac.bijoux@gmail.com
In the event of a refund for a hidden defect, the product will be refunded in full.
In the event of withdrawal (clause no. 9), the amount refunded is the amount of the product(s) concerned, excluding initial shipping costs.
Clause n°9: Withdrawal periods for custom orders
Warning in case of custom order:
According to Article L 121-20-2 of the Consumer Code, the right of withdrawal provided for in the case of distance selling cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized or which, due to their nature, cannot be reshipped. The customer’s attention is therefore drawn to the fact that the right of withdrawal does not apply to sales of personalized products at his request except in case of a major defect in support.
Clause No. 10: Intellectual property
The website www.marie-pompougnac-bijoux.com/ and all its elements are protected by the intellectual property rights in force. They are the exclusive property of Marie Pompougnac bijoux. The use of this site is reserved for strictly personal use. Any use, reproduction, exploitation, representation in whole or in part and on any medium whatsoever, for purposes other than personal, is prohibited and penally sanctioned.
All photos with or without the site logo are not copyright-free without the owner’s agreement.
Clause n° 11: Absolute necessity
The responsibility of the company Marie Pompougnac bijoux cannot be implemented if the non-performance or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. In this respect, force majeure is understood as any unforeseeable and irresistible external event within the meaning of Article 1148 of the Civil Code.
Clause No. 12: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the competent court.
Clause n° 13: Personal data
The information requested for registration to the site is necessary and mandatory for the creation of the user’s account. In particular, the email address may be used by the site for the administration, management and animation of the service.
Information about the buyer cannot be passed on to business partners.
Any commercial offers from the site will be sent to the client by email if no objection has been issued. The client can at any time oppose free of charge to commercial offers by email to marie.pompougnac.bijoux@gmail.com.
Pursuant to articles 39 and 40 of the law dated 6 January 1978, the buyer has a right to access, rectify, delete and oppose his personal data. The buyer exercises this right by email to: marie.pompougnac.bijoux@gmail.com
Clause n°14: Liability and force majeure
The sources of information disseminated on the site are reputed to be reliable. However, Marie Pompougnac Bijoux reserves the right to not guarantee the reliability of the sources. The information given on the site is purely informative.
The user of the site makes sure to keep their password secret. Any disclosure of the password, regardless of its form, is prohibited.
The user of the site assumes the risks related to the fraudulent use of their username and password. Marie Pompougnac bijoux declines all responsibility.
The optimal guarantee of security and confidentiality of transmitted data is not ensured by Marie Pompougnac Bijoux. However, Marie Pompougnac Bijoux undertakes to implement all necessary means in order to ensure the security and confidentiality of data.
In accordance with Article 1147 of the Civil Code, Marie Pompougnac Bijoux incurs full contractual liability towards the buyer in case of non-performance or improper performance of the contract concluded.
However, its contractual liability cannot be engaged in the situations mentioned below:
• Case of force majeure,
• Foreign event that cannot be attributed to him/her.
Clause n°15: Hypertext links
Outgoing hypertext links may be present on the site, however the web pages where these links lead do not engage in any way the responsibility of Marie Pompougnac bijoux who does not have control over these links.
The user of the site is therefore prohibited from engaging the responsibility of Marie Pompougnac bijoux regarding the content and resources related to these outgoing hypertext links.
Clause No 16: Duration
The duration of this contract is indefinite. The contract has effect with respect to the user from the use of the service.
Clause n°17: Publication by the user
Marie Pompougnac bijoux may allow users of the site to post comments or reviews.
In his publications, the user of the site undertakes to comply with the recommended rules of conduct and politeness and the rules of law in force.
Marie Pompougnac Bijoux exercises a posteriori moderation on the publications and reserves the right to refuse their online publication, without having to justify it to the user.
The user who publishes a comment or a review on the site remains the holder of all its intellectual property rights. But by publishing it on the site, it grants to Marie Pompougnac Bijoux the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute its publication, directly or through an authorized third party, worldwide, in any medium (digital or physical), for the duration of the intellectual property. The user notably assigns to Marie Pompougnac Bijoux the right to use their publication on the internet and mobile phone networks.
The publishing company undertakes to include the name of the member near each use of its publication.