GENERAL TERMS & CONDITIONS FOR ONLINE SALES
GT&C last update: 01/06/2016
These General Terms & Conditions (hereinafter referred to as GT&C) relate exclusively to purchases made of products proposed on the Website www. perledejade.com to purchasers (hereinafter “the Customer”) by PERLE DE JADE and notably specify the conditions for orders, payments, delivery and any returns of products ordered by the Customer.
Orders made on the Website www. perledejade.com (hereinafter the Website) are strictly limited to private individuals or end-users.
Les présentes CGV sont mises à la disposition des Clients sur le Site où elles sont directement consultables.
These GT&C are made available to the Customer on the Website where they can be accessed and read freely.
These GT&C are enforceable and legally binding on the Customer who declares that he/she has fully understood and accepted them by ticking the box marked “I accept the General Terms & Conditions of Sale” before confirming and validating his/her order online.
Each order made on the Website is deemed to be a contract concluded remotely between the Customer and Perle de Jade and implies irrevocable acceptance without restrictions or reserves of the GT&C valid at the moment the order is placed on the Website.
Perle de Jade reserves the right to amend the GT&C at any time. Should they be modified, the GT&C will be applicable to purchases made after said modification(s). The nullity of any contractual provision does not imply the nullity of the whole of the GT&C. The temporary or continuous non-compliance of one or several clauses of the GC&T by Perle de Jade shall not be deemed a waiver of the application of any other clauses within the GT&C and these will continue to be valid and binding.
1. Products
In order to allow the Customer to be informed about the products he/she wishes to purchase before placing an order, the Website presents characteristics of each of the products it proposes for sale.
Photographs and graphics associated with the products presented and for sale on the Website (hereinafter “the Products”) are for illustrative purposes only. The Customer is invited to consult the description for each Product to obtain information about their properties and features and in particular the size required. Variations in colour and appearance can occur between the photo shown on the Website and the actual colour of the Product ordered.
1.1. Product availability
Perle de Jade shall use all reasonable efforts to ensure that all Products appearing as available are actually in stock. However, in the event of a product being “out of stock” or in the process of being re-supplied prior to the final confirmation of an order, Perle de Jade will send you an e-mail to inform you that the Product is unavailable or that dispatch will be delayed – should the latter be the case, then you will also be informed of the approximate “new” delivery date. In either case you will be entitled to :
– totally or partially cancel your order: where appropriate Perle de Jade will reimburse you the amount concerned within 14 days following your written instructions to cancel all or part of your order.
– maintain your order and to choose to receive the entire order in one single parcel once the Products are all available.
Our Product offerings on the Website are valid, unless indicated otherwise, as long as they appear on the Website and within the limit of available or renewable stocks. In reality a Product may appear on the Website but no longer be in stock or be waiting to be renewed. The Website reserves the right to remove Products for sale at any time.
2. Orders
2.1. How do I order ?
Verify that you are using a recommended browser that accepts cookies. To order our products online:
– browse the online catalogue of the Website
– then add the products of your choice to your bag. You can access the contents of your bag at any time before the confirmation of the order, if necessary, for any modification of your choice (including deletion of the selected product or modification of the quantity of selected product)
– where appropriate, you can specify a promotional code
– then via your shopping bag with its summary of your selected product (s), you can log in to your account or create one directly from the shopping bag using the identification tab at the top of the page. If you are already a customer of our online site, enter your email address with which you have registered plus your password. If you are a new customer, click on “register” and register on the Website, giving your full name and contact details.
Click “VALIDATE YOUR ORDER” to validate your product selection(s).
– then enter / confirm your delivery and billing details
– choose your method of delivery and once you have made your choice,tick the box “VALIDATE”
– then validate your method of payment by choosing the desired method of payment
To complete the order, you must cumulatively perform the following 2 steps:
1. Tick the box confirming your full acceptance of all of the GTC
2. Proceed to online payment for your order depending on the method of payment chosen.
Your order, once confirmed, is then taken care of by our Customer Services that you can contact for any additional information at the following addresses:
By post/mail
Perle de Jade
FAO Service Clients
29 bd Maréchal Juin
06 800 Cagnes-sur-mer
By telephone : 04 93 32 62 79
By e-mail : serviceclient@perledejade.com
The data communicated by the Customer and recorded by the Website at the time of the order constitute proof of the transaction(s) between Perle de Jade and the Client. After validation of the order by the Customer, Perle de Jade may send an e-mail to the Customer informing him/her that the order has been registered. However, this email does not constitute confirmation of the order.
The purchase will only be considered as final after e-mail delivery by Perle de Jade to the Customer of the confirmation of the acceptance of the order. Perle de Jade may however be informed by the payment platform of a rejection of the method of payment. In this situation, despite the confirmation having been received, Perle de Jade, who will notify the Customer, may not dispatch the order.
It is the Customer’s responsibility to verify that he/she has received the e-mail confirming the order or informing him/her of the unavailability of the Product. If the Customer has not received the e-mail within 48 hours, it is his / her responsibility to contact Customer Services at www.perledejade.com or by telephoning on 04 93 32 62 79.
The Client may follow the progress of his:her order on the Website via his personal account or by contacting Customer Services directly as detailed above.
Perle de Jade reserves the right to cancel any order from a customer with whom there is a legal dispute relating to the payment of an earlier order or for any other reason at the discretion of Perle de Jade concerning the unusal nature of the order and In particular excessive volume for a private individual or an excessively large order made for the same person via different personal accounts.
2.2. Order status
The different stages of an order are :
– Complete order: all the items of the order are ready to be prepared
– Incomplete order: one or more items of the order are being re-stocked – the order should be prepared within 24 hours.
– Prepared: the order has been prepared in our warehouses, shipment is imminent
– Shipped: the parcel is on its way
3. Prices
The sales price for each of the Products in our online catalogue are shown on the Website in € (Euros) and are tax inclusive (“T.T.C”) including the French T.V.A. at the rate applicable on the day of the order.
Should the VAT rate to be changed, up or down, this change can be reflected in the price of the goods.
Any prices expressed in other currencies are given for information purposes only and will depend entirely on the exchange rate applicable at the time of the order.
When ordering, the Customer is requested to ensure that the price of the Product(s) to which he/she is referring corresponds to the price shown on the latest, updated Webpage and not to an expired page to which they may have had acces via the Internet search mode “cache.”
The sales price of the Product is that in force on the day of the order. Perle de Jade reserves the right to modify its prices at any time while guaranteeing the Customer that the price in force on the day of the order will be applied provided that it is in stock.
The sales price indicated on the online catalogue for each Product is always not inclusive of delivery costs.
There will be a charge towards the cost of packaging, insurance and shipping. This applies to each order and is included in the delivery costs.
The Customer will be informed before the final registration of his order of the delivery costs (all charges included) relating to his/her order and this payment will be requested from the Customer included in the final purchase price as indicated on the order validation page.
4. Methods of payment
By validating an order, the Customer acknowledges his obligation to pay for the ordered Product (s) by ticking the box “order with payment obligation.”
Payment is made immediately on the date the order is confirmed by the Customer, using the chosen payment method. We accept the following payment methods: Catre Bleue (CB), Visa and Mastercard.
4.1. Security
The information that you send us to process your order is used only in the context of our business relationship. This information will not be shared with third parties or resold. Your bank details (bank cards) are used soley for the purposes of payment with our secure payment partner Ogone. We do not keep any informatin relating to your bank details.
4.2. Rejection or refusal of payment
The Website reserves the right to refuse any suspicious transaction, deleting any registered order, especially when the quantities of Products ordered are abnormally high.
5. Delivery
5.1 Delivery date
Perle de Jade undertakes to deliver orders within a period not exceeding thirty (30) days from receipt of the confirmation e-mail of the order sent by Perle de Jade.
In the event of the delivery deadline indicated to the Customer being exceeded, a delay that can not be attributable to the Customer, an unforeseeable and unavoidable act of a third party to the contract or to a case of force majeure, the Customer may request cancellation of the sale by sending a registered letter (with acknowledgment of receipt) or in writing on another durable medium.
The contract shall be deemed to have been cancelled upon receipt by Perle de Jade of said letter or written notice thereof, unless Jade Perle has fulfilled the contract in the meantime.
In the event of cancellation due to delay in delivery of the Product (s), Perle de Jade agrees to reimburse the Customer all sums paid, no later than 14 days following the date the Customer terminated the contract.
5.2 Terms of Delivery
The Products will be delivered by carrier to the address indicated by the Customer when ordering on our Website www.perledejade.com.
The address to which Products will be delivered is that indicated by the Customer at the time of the order.
Except in exceptional circumstances or due to the unavailability of one or more Products, the Products ordered will be delivered in one go.
Please note that it is better to group products onto a single order. If two or more orders are made at different times on the same day for the same delivery address, Perle de Jade will not be able to combine them and shipping costs will be invoiced for each of them, separately.
Should the Products need to be shipped separately due to Perle de Jade, the latter will, if necessary, assume any additional delivery charges.
5.3. Delays in Delivery
In the event of the delivery deadline indicated to the Customer being exceeded, a delay that can not be attributable to the Customer, an unforeseeable and unavoidable act of a third party to the contract or to a case of force majeure, the Customer may request cancellation of the sale by sending a registered letter (with acknowledgment of receipt) or in writing on another durable medium. In order to do so, he/she must contact Perle de Jade by registered letter (with acknowledgment of receipt) requesting that the delivery of the Product(s) be made within a reasonable additional time. If Perle de Jade fails to deliver within this period, he/she may send a registered letter (with acknowledgment of receipt) asking for the order to be cancelled.
The contract shall be deemed to have been cancelled upon receipt by Perle de Jade of said letter or written notice thereof, unless Jade Perle has fulfilled the contract in the meantime.
If the delivery time constitutes an essential condition of the contract for the Customer, the contract will be considered as cancelled upon receipt by Perle de Jade of said letter or written notification informing them of the cancellation.
In the event of cancellation due to delay in delivery of the Product (s), Perle de Jade agrees to reimburse the Customer all sums paid, no later than 14 days following the date the Customer terminated the contract.
5.4. Receipt of Goods
Perle de Jade asks its Customers to refuse any package that is damaged and to notify our Customer Service in writing, giving details of the damage and your reservations within 3 days (please keep a copy of your written notification). Failing this, Perle de Jade will consider that the Customer has received the Product(s) in a satisfactory state.
5.5. Delivery – rates and methods
We propose different methods of delivery (see below). Your order is prepared at our warehouse within a maximum of 48 working hours – it is then handed over to the carrier according to the delivery method and the country you have chosen. Delivery times vary between 2 and 7 days depending on the location and the delivery method chosen. Shipping rates are automatically calculated at the time of your order, according to the delivery method and the country you have selected. You will be able to consult this information from your shopping bag.
– Fast delivery in France (Colissimo Expert): 12,90
– Express delivery (Chronopost): 18 €
Express delivery is available for the following countries: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Latvia, Lithuania, The United Kingdom, Switzerland, Slovakia and Slovenia.
The carrier may request possible customs charges at the time of delivery. These customs duties and possible taxes related to the delivery of an item are payable by the buyer and are his/her responsibility.
Deliveries abroad, especially in Switzerland, can be delayed (from 24 hours up to 10 days) for Customs reasons. If this is the case, our Customer Service will inform you and guide you through the delivery process.
5.6. Delivery abroad
Prices indicated on the Website do not take into account possible Customs charges applicable to the delivery country concerned.
6. Guarantees
6.1 Legal guarantee of conformity for consumer goods
In order to comply with the legal guarantee of conformity (article L.211-4 and seq. Of the Civil Code), the Customer has a period of two years from the delivery of the item to act. The Customer may choose between repairing or replacing the goods, subject to the cost conditions laid down in Article L.211-9 of the Consumer Code, which states, “In the event of non-conformity, the buyer chooses between repair and replacement of the property.
However, the seller can only refuse the choice of the buyer if this choice causes disproportionate costs on the seller in comparison with the alternative remedy, taking into account the value of the goods or the significance of the lack of conformity. ”
If repair or replacement is impossible, the Consumer can return the item and ask for a refund or keep the item and ask for a price reduction.
The same option exists:
1° If the seller cannot satisfy the consumer’s choice within a one-month period
2° Or if the solution causes a significant inconvenience to the consumer taking the nature of the good and the intended usage into consideration.
However, no cancellation of the contract can be pronounced if the defect is minor.
6.2 Legal Guarantee of Hidden Defects for Consumer Goods
The guarantee of hidden defects (article 1641 and seq. Of the Civil Code) allows the Customer to be protected from hidden defects in the product purchased and which prevent its use or affect it to such an extent that the Customer would not have acquired the product or would have paid a lowerprice if he/she had been aware of the defect(s).
The customer has a period of 2 (two) years from the discovery of the defect to take action and benefit from the guarantee, at no cost.
In order to comply with the guarantee of hidden defects, the defect must fulfill the following 3 conditions :
• Be hidden, ie not apparent when buying
• Make the property unsuitable for its intended use or greatly reduce its use
• Exist at the time the purchase was received. It is up to the customer to prove the existence of the hidden defect.
6.3 Implementation of guarantees
The above guarantees do not apply in the event of normal wear and tear or due to or incorrect use of the product, failure to observe the instructions, impact. The aforementioned guarantees also do not apply in case of wear due to external causes (force majeure among others).
To implement the guarantee, the Customer must contact Customer Service as follows:
• Provide the order number and the reference of the product concerned (this information can be found on the purchase invoice);
• Send the request by e-mail to Perle de Jade’s Customer Service, to the following address: serviceclient@perledejade.com
In order to ensure prompt and quality processing of the guarantee application, the Customer will provide his/her contact details, his/her order number and the reference of the product concerned plus provide details about the problem encountered and, if possible, e-mail a photograph of the defect.
Upon receipt of the application, Perle de Jade’s Customer Service will contact the Customer within 48 working hours to indicate the procedure to follow.
7. Repairs (not covered by guarantee)
In the event that a repair is not covered by the guarantee or if the guarantee has expired, Perle de Jade will provide a repair service (subject to the availability of parts) that will be charged to the Customer.
To obtain a personalized quote, the Customer should contact the Perle de Jade Customer Service by e-mail at: serviceclient@perledejade.com respecting the following procedure:
• Provide the order number and the reference of the product concerned (this information can be found on the purchase invoice);
• Send the request by e-mail to Perle de Jade’s Customer Service, to the following address: serviceclient@perledejade.com
Perle de Jade’s Customer Service will confirm receipt of your request for a personalized quote within 48 working hours. A personal quote will be sent to the Customer by e-mail within 8 working days from the date that the request was received. For all types of intervention the repair time is estimated at roughly 30 days.
Perle de Jade is usually able to assure the availability of spare parts for the current season but it is possible that items may be out of stock. Following a particular season, spare parts will be available only upon request and depending on Perle de Jade stock.
8. The right to retract/returns
In the event that the product ordered does not meet the expectations of the Customer, Perle de Jade grants the Customer a period of 14 days from the delivery date to return the item.
The right to retract period expires 14 days following the day the Customer, or a third party (other than the carrier), physically takes possession of the product.
The right to retract can be exercised within the period of time indicated, without any need for justification or payment of a penalty as follows:
– by post – please send the retraction/returns form (included in the parcel) to the following address:
Perle de Jade
29 bd Maréchal Juin
06800 Cagnes-sur-mer
FRANCE
– in writing (letter, e-mail, fax) clearly stating the desire to retract/return the item. Please send to the e-mail address below:
Perle de Jade
29 bd Maréchal Juin
06800 Cagnes-sur-mer
E-mail : serviceclient@perledejade.com
As soon as Perle de Jade receives the retraction/returns form or written notification clearly stating the desire to return the item, they will send the Customer an acknowledgment by e-mail.
Items may only be returned if they are in new, unused condition and have not been altered in any way by the Customer. They must be returned in perfect condition, in their original packaging together with the retraction/returns form and the delivery note. Returned items must not have been worn or altered.
The right to retract/return can not be exercised for orders for products that have been unsealed after delivery and which can not be returned for hygiene or health protection reasons (eg cosmetics).
When the Customer exercises his/her right to retract, the Customer agrees to return the product within 14 days of his/her notification his/her intention to do so. Postal/shipping charges to return the item are the responsibility of the Customer.
Perle de Jade recommends that its Customers choose registered delivery option when returning an item so that the parcel can be tracked. Perle de Jade declines any responsibility in the event that the parcel is lost or stolen.
Perle de Jade agrees to reimburse the Customer for all sums paid, including initial delivery costs (except for additional delivery charges if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by Perle de Jade) at the latest within 14 days of the date on which Perle de Jade was informed of the Customer’s intention to return the item. This undertaking is of course subject to the receipt by Perle de Jade of the Product(s) or, at least, proof of dispatch that the Customer will send to Perle de Jade.
Perle de Jade undertakes to refund the amount due in the same form of payment in which it was originally received at the time of the order unless the Customer expressly requests another form of payment and only when this does not incur costs for the Customer. The Customer may, if he/she desires, opt for another form of refund proposed by Perle de Jade such as credit note or voucher.
In the case of a partial return, the initial delivery costs will not be reimbursed by Perle de Jade insofaras the Customer has benefited from the delivery service for the Product(s) he/she has kept, the shipping costs not being dependent on the volume ordered.
Should the Customer return an item outside the aforementioned period, he/she will not be refunded and will be informed that the Product(s) remain(s) at his/her disposal at the warehouse for a period of 2 months. During this period, upon request of the Customer, the Products may also be resent to him/her at his/her expense. Once this period expires, the Product is retained by Perle de Jade.
9. Customer liablity
Perle de Jade would remind Customers that minors are not able to enter into a legal contract. Orders placed for minors must have parental consent.
10. Intellectual property
The Customer acknowledges that Perle de Jade Products and distinctive features (image, photographs, packaging, product names, etc.) remain the exclusive property of Perle de Jade.
The Customer is expressly prohibited from reproducing in part or full or of using any models of products, packaging, logos or distinctive features, inventions, techniques or know-how used by Perle de Jade, as well as attempting to appropriate any of these elements, regardless of whether or not they are protected by Perle de Jade by a patent, trademark, registered design or model or copyright.
11. Perle de Jade liability
Perle de Jade’s cannot be helf liable for the non-fulfilment or poor fulfilment of the contract attributable to the Customer, to an unforeseeable and insurmountable act by a third party or to a force majeure event.
12. Juridiction & legal disputes
French Law will govern any purchases made on the Perle de Jade Website (www.perledejade.com).
All disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination and arising consequences, shall be submitted to the competent court in accordance with the rules of jurisdiction of the common law.
CNIL declaration and personal data
Information Technology and Civil Rights Law: In conformity with law no. 78-17 of January 6th 1978 (modified in 2004) relating to information technology, this website has been registered with the Commission Nationale de l’Information et des Libertés (CNIL) under file no.1524155
The company Perle de Jade is responsible for processing all personal details collected via this site.
Personal data gathered is intended to allow Perle de Jade to process your requests, orders, as well as to propose and inform you about our products.
Personal data is therefore used to create customer loyalty and for administrative and analytical purposes.
Any personal data is intended for internal use by Perle de Jade but may also be transferred to third parties in partnership with Perle de Jade, except when the Customer objects to this at the time the data is given.
Customer personal data is kept only during the time strictly necessary to achieve the objectives for which they were collected by Perle de Jade.
In conformity with law no. 78-17 of January 6th 1978 (modified in 2004) relating to information technology, you have a right to contest, to block, to modify, to correct or to remove any information directly concerning you as an individual and that you have provided on the Website www.perledejade.com.
You can exercise this right at any time by contacting Customer Service:
• call on France 04 93 32 62 79 (number not surcharged)
• e-mail serviceclient@perledejade.com or
• send a Registered letter by post to :
Perle de Jade
29 bd Maréchal Juin
06800 Cagnes-sur-mer
If you subscribe to newsletters, you can at any time request to no longer receive these e-mails either by sending your request to the Customer Service (e-mail and postal addresses mentioned above), or by following the instructions at the end of each newsletter.
