Legal information and CONDITIONS OF USE
Terms and conditions of sale Jewelry Tournaire
- Publisher identification :
Company name SAS Philippe TOURNAIRE
SAS with capital of €1,000,000
SIRET: 399 416 676 00076 - APE Code: 3212 Z
Intracom. VAT no. FR19 399 416 676
Head office: 2, rue des Métiers
Post code: 42600
Telephone: 04 77 96 08 84
Fax: 04 77 58 75 31
E-mail: [email protected]
Publishing Director: Mr Mathieu Tournaire - Managing Director
Site host www.philippetournaire.com:
The site is hosted by Shopify Inc.
Website designed by Axome Shopify specialist
- Detailed terms and conditions of sale :
Article 1 - Scope of application
1.1 These general terms and conditions of sale apply without restriction or reservation to all sales concluded by the company PHILIPPE TOURNAIRE (hereinafter "the company PHILIPPE TOURNAIRE " or "the Seller") with any consumer customer (hereinafter "the Customer") wishing to acquire the products offered for sale by the Seller (hereinafter "the items") on the website www.philippetournaire.com(hereinafter "the Site").
1.2 This website www.philippetournaire.com is set up by PHILIPPE TOURNAIRE , a simplified joint stock company with a capital of 1,000,000 euros, registered in the SAINT-ETIENNE trade and companies register under number 399 416 676, with its registered office at 2, rue des Métiers 42600 SAVIGNEUX.Tel: +33 04 77 96 08 84 Fax: +33 04 77 58 75 31 e-mail : [email protected] VAT: FR 19 399 416 676 SIRET: 399 416 676 00076 - APE Code: 3212 Z
1.3 The present terms and conditions apply to all sales of items presented on the Site, it being understood that these offers are reserved for private individuals over 18 years of age and valid for delivery in Metropolitan France, Corsica, Monaco and the French overseas departments and territories. For deliveries to the rest of the European Union and the rest of the world other than those mentioned in article 1.3, the conditions of the "Guide Courrier-Colis International et Outre-Mer" will apply. Consequently, PHILIPPE TOURNAIRE will not be held responsible for any prohibitions or other prejudicial events relating to the above-mentioned deliveries.
1.4 As the general terms and conditions are subject to modification and updating, the terms and conditions applicable to the order of an item on the Site are those in force on the day of the order.
1.5 These general terms and conditions of sale, as well as the price lists, are expressly approved and accepted by the Customer, who declares and acknowledges that he is fully aware of them, and thereby waives the right to rely on any other contradictory document. The act of purchasing implies acceptance of these general terms and conditions of sale.
1.6 These General Terms and Conditions of Sale may be supplemented by special terms and conditions, set out on the website, prior to any transaction with the Customer.
Article 2 - Item information
The gold items offered on the Site are 750 thousandths gold guaranteed by the State hallmark. The offers proposed on the Site are subject to availability at the time of receipt of the order form and will only be taken into consideration after receipt of payment as detailed in article 5.While taking the utmost care and accuracy in putting information on line, in the descriptions of the articles and the data available on the Site, as well as in their regular updating, the company PHILIPPE TOURNAIRE cannot be held responsible for any non-substantial errors that may occur.
The photographs and other reproductions of the articles on the Site faithfully represent them, within the limits of technology and in compliance with the best market standards. Consequently, we cannot be held responsible for any non-substantial error in one of these photographs or texts.
Article 3 - Ordering items
The customer can order items for sale on the PHILIPPE TOURNAIRE website either :
Directly online on the Site
by telephone on 04.77.96.08.84 (Monday to Saturday, 10:00 am to 7:00 pm)
For all orders placed via the PHILIPPE TOURNAIRE website, the customer must comply with the process described below:
From an item in the catalog, the customer clicks on "Add to cart". Then Order, which takes them to cart , containing all the items they have selected.
On this interface, the customer can then modify the desired quantity for each product, or delete a product from his cart by checking the "delete" box.
To proceed with the order, the customer must click on the "order" link.
This brings you to the login interface. If you already have an account, enter your e-mail address and password in the box on the right. If they do not have an account, customers must create one by clicking on the "Next" button in the left-hand frame. This takes them to a form in which they must enter their first and last names and various contact details. They must also choose a password that will allow them to identify themselves on the Site.
Once an account has been created, or once you have logged in if you already have an account, you can access the delivery interface. They will find their delivery address, which they can change by clicking on the "Update" link.
He then selects his shipping method. Then click on "Order".
The customer then accesses the payment interface where he must choose his method of payment, either by credit card, bank transfer, cheque or Paypal, and clicks on "Continue".
If the chosen method is Credit Card: he/she must select his/her card type by clicking on the corresponding logo. This takes them to the secure online payment interface. He fills in the form with his card number and expiry date as requested, then clicks on validate. If the payment is accepted, the customer is redirected to a page indicating that the order has been registered. The customer also receives an email indicating that the order has been processed.
If he chooses to pay by bank transfer, he will be shown the parameters of his bank transfer account. To validate their order, they click on "Confirm order". The order will be processed once the transfer has been made and the funds credited to the PHILIPPE TOURNAIRE bank account.
If the customer chooses to pay by cheque, the order to be placed on the cheque is indicated, as well as the address to which to send the payment. To confirm the order, click on "Confirm order".
If he chooses to pay by Paypal, he must follow the on-screen instructions to make his payment.
The company PHILIPPE TOURNAIRE acknowledges receipt of the order in the form of an e-mail in French, or English depending on the language of the chosen Site, sent to the e-mail address communicated by the Customer. This acknowledgement of receipt will contain a summary of the order, the billing address, the delivery address, and the means of payment chosen by the Customer.
Article 4 - Item prices
Prices are shown on the Site in euros, inclusive of all taxes, including French VAT. They may be modified at any time without notice, being subject to the rate of the dollar and raw materials, and it being understood that the prices invoiced to the Customer are those in force on the date of the order. For products shipped within the European Union, prices are deemed net, including shipping costs. For products shipped outside the European Union, the price will automatically be invoiced exclusive of tax, and shipping costs will be charged to the Customer. If the Customer wishes to have products delivered outside the European Union, he/she should contact PHILIPPE TOURNAIRE to find out the shipping costs that will be charged for each country concerned. It is specified that the fact that a product is presented on the Site does not prejudge its availability. In the event of unavailability of the item(s) ordered, PHILIPPE TOURNAIRE will inform the customer and the corresponding price will be reimbursed within thirty days of the date of payment. Any order registered on the Site and delivered outside Metropolitan France and Corsica may be subject to customs duties. Any customs duties or taxes payable upon delivery of the item are the sole responsibility of the Customer, who undertakes to obtain information from the relevant authorities.
Article 5 - Payment conditions
Payment for items purchased by the Customer on the Site may be made by credit card, cheque, bank transfer or Paypal. The price is payable in full in a single instalment on the date of the order, regardless of the method of payment, unless special conditions apply.
5.1 Payment by credit card
PHILIPPE TOURNAIRE has set up a secure online payment system in collaboration with its partner bank. Consequently, the customer's credit card number will never be known to PHILIPPE TOURNAIRE , as the customer accesses a secure server using SSL 3 (Secure Socket Layer) protocol. The customer undertakes to use a national (if issued in France) or international (if issued outside France) bank card accepted by the security system, i.e. VISA, Eurocard/Mastercard and American Express.
5.2 Payment by cheque
The customer has the option of paying by cheque for all orders over 150 (one hundred and fifty) euros including tax, provided that the cheque is issued by a bank domiciled in France or Monaco. The order will only be processed once the cheque has been cashed by PHILIPPE TOURNAIRE . Cheques should be made payable to PHILIPPE TOURNAIRE and sent within three (3) days of the order date. In this case, the Customer undertakes to enclose with the cheque a copy of identification (identity card or passport) with the order references. These documents should be sent to the following address: Sarl Philippe TOURNAIRE2, rue des Métiers42600 SAVIGNEUX - France.
5.3 Payment by bank transfer
Customers can pay for their orders by bank transfer to the following address:
Order: Sarl Philippe Tournaire
Bank code: 13907
Counter code: 00000
Account: 81050208211 RIB key: 51
Postal address: B.P.2.L C.A.ANDREZIEUX
IBAN Code: FR76 1390 7000 0081 0502 0821 151
Swift : CCBPFRPPLYO
The order will only be processed once the corresponding sum has been credited to the company's account PHILIPPE TOURNAIRE . All orders will only be considered effective by PHILIPPE TOURNAIRE once the relevant bank payment centers have given their approval. Failing this, the order will be cancelled by PHILIPPE TOURNAIRE , which undertakes to notify the customer as soon as possible.
5.4 Paypal payment
PHILIPPE TOURNAIRE has a secure Paypal payment account. Customers wishing to use this payment system must first register with Paypal.
5.5 Late payment
Any delay in payment in relation to the due date initially stipulated on the invoice will result in the automatic application of late payment interest at the rate of 1.5 times the legal rate in force at the time. In the event of non-payment, all sums due shall become immediately payable in full, and deliveries of orders in progress shall be immediately suspended.
Article 6 - Delivery
The delivery address is the one indicated in the order process. The Customer declares that he/she has provided an accurate address, and PHILIPPE TOURNAIRE cannot be held liable in this respect. The company PHILIPPE TOURNAIRE makes every effort to respect the delivery times mentioned on the Site. However, we cannot be held responsible for the consequences of late delivery or loss of a parcel caused by a third party or by the Customer or due to an unforeseeable and insurmountable cause constituting force majeure.
Article 7 - Right of withdrawal
In accordance with the provisions of Articles L.221-18 et seq. of the French Consumer Code, the customer has a period of fourteen (14) clear days from receipt or collection of the item ordered to exercise his right of withdrawal, without having to justify his reasons. The item must be returned to PHILIPPE TOURNAIRE in its original packaging, in new condition, with all accessories and the original invoice, to the following address:
Company PHILIPPE TOURNAIRE
2, Rue des Métiers
42600 SAVIGNEUX - France.
This right of return does not apply to items made to the customer's specifications, and no refund will be made for items worn or engraved. This return must only be made by post using the return form sent by PHILIPPE TOURNAIRE . The Customer must keep all proof of return, so as to give a definite date.
Reimbursement will be made by crediting the Customer's bank account within fourteen days of notification to the Vendor of the decision to withdraw. However, the Vendor may defer reimbursement until recovery of the items or until the Customer has provided proof of shipment of the items, whichever comes first.
Article 8 - Conformity - Warranty
8.1 The items offered for sale comply with the regulations in force in France.
The Vendor is liable for defects in conformity of the goods with the contract under the conditions of Articles L 217-4 et seq. of the French Consumer Code, and for hidden defects in the goods sold under the conditions of Articles 1641 et seq. of the French Civil Code.
Legal warranty of conformity
When acting under the legal warranty of conformity, the consumer customer :
- has two years from the date of delivery of the goods to take action,
- may choose between repairing or replacing the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code,
- is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
We also remind you that :
- the legal warranty of conformity applies independently of any commercial warranty,
- the customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
In the event that the items delivered to the customer do not conform to the order, the customer must inform PHILIPPE TOURNAIRE as soon as possible by registered letter with acknowledgement of receipt, providing evidence of the non-conformity. After agreement from PHILIPPE TOURNAIRE , the customer must return the items in question, unworn, in their original packaging, in perfect condition, with the corresponding invoice and a bank details form to the following address:
Company PHILIPPE TOURNAIRE
2, rue des Métiers
42600 SAVIGNEUX - France.
Customers must be able to provide proof of shipment, which they undertake to send by "declared value" post. In the event of proven non-conformity, PHILIPPE TOURNAIRE undertakes to send the Customer a product that conforms to the original order, and to cover the cost of returning the product. Should PHILIPPE TOURNAIRE be unable to return the product, PHILIPPE TOURNAIRE will reimburse the Customer for the purchase price already paid. The reimbursement of the sales price and return costs will be made by crediting the Customer's bank account.
8.2 Except in the case of a specific warranty granted by the company PHILIPPE TOURNAIRE on certain specific items of which the Customer is aware upon receipt of the order, the company PHILIPPE TOURNAIRE will repair the foreseeable consequences of a material defect or manufacturing fault in the item under the following conditions:
- the Customer must provide proof of the defect or fault affecting the item ordered;
- when the defect is established, i.e. in particular when it is not due to misuse by the customer, PHILIPPE TOURNAIRE may :
- repair the item at its own expense.
- replace or refund the item.
9 - information technology and civil liberties
For the proper conduct of its distance selling services, the company PHILIPPE TOURNAIRE collects personal data relating to its Customers. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right to access, rectify and object to personal data concerning him or her, which he or she may exercise by contacting the company PHILIPPE TOURNAIRE by sending an e-mail to the following address: [email protected] or by sending a letter to :
Company PHILIPPE TOURNAIRE
2, rue des Métiers
42600 SAVIGNEUX - France.
The CNIL declaration receipt number is 1155134.
Article 10 - Intellectual property
The Site and its component parts are the exclusive property of PHILIPPE TOURNAIRE , which grants the Customer a license to use them for personal purposes. Consequently, the Customer may not reproduce or distribute all or part of the Site (logos, trademarks, images, graphics, designs, photographs, etc.) in any form whatsoever. This license does not allow the Customer to use the Site or its components for commercial purposes. Similarly, the creation of hypertext links to any of the pages or components of the Site is strictly forbidden without the express prior written consent of PHILIPPE TOURNAIRE .
Article 11 - Force Majeure - Acts of the Customer
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
In addition, PHILIPPE TOURNAIRE cannot be held responsible for the non-performance or improper performance of its obligations attributable either to the customer, or to the unforeseeable and insurmountable act of a third party unrelated to the provision of the planned services.
Article 12 - Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
Article 13 - Miscellaneous
The fact that PHILIPPE TOURNAIRE does not invoke any of the clauses of these terms and conditions against the customer shall not be construed as a tacit waiver of the benefit of said clause. Should any clause of the present terms and conditions become null and void or unenforceable, in whole or in part, the present terms and conditions shall remain in force in respect of the other clauses and the surviving provisions of the clause in question.
Article 14 - Disputes
All disputes arising from transactions entered into pursuant to these terms and conditions of sale, concerning their validity, interpretation, performance, resolution, consequences and consequences, and which cannot be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law. Initially, the Customer must send a written complaint to PHILIPPE TOURNAIRE 2, rue des Métiers 42600 SAVIGNEUX - France. If, one month later, he has not obtained satisfaction, the Customer is informed that he may have recourse to conventional mediation by applying free of charge to the mediation service CNPM-MEDIATION-CONSOMMATION 27, avenue de la Libération 42400 SAINT CHAMOND by simple mail (enclosing his e-mail address, telephone number and the written complaint) to :
Article 15 - Applicable law - Jurisdiction
These general terms and conditions of sale are governed by French law, unless otherwise stipulated. Any dispute arising from the interpretation or execution of these general terms and conditions of sale shall be submitted to the exclusive jurisdiction of the Court of Montbrison (Loire) - France, unless otherwise stipulated.
Article 16 - Pre-contractual information - Customer acceptance
The Customer acknowledges having been informed, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L. 221-5 of the French Consumer Code, in particular the following information, prior to placing an order and entering into a contract:
- the essential characteristics of the property,
- the price of the property and ancillary costs,
- the date or time by which the Vendor undertakes to supply the goods ordered,
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
- information on legal and contractual warranties and how to make use of them,
- the possibility of resorting to conventional mediation in the event of a dispute.
The fact that a person orders a good or service implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products or Services ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
APPENDIX - Withdrawal form
This form must be completed and returned only by the Customer who wishes to withdraw from the order placed on www.philippetournaire.comunless otherwise excluded or limited by the applicable General Terms and Conditions of Sale.
For the attention of PHILIPPE TOURNAIRE 2, rue des Métiers 42600 SAVIGNEUX - France (e-mail address : [email protected])
I, the undersigned :
First name: ___________________
hereby notify you of my withdrawal from the contract for the sale of the following item : ________________________________________
Ordered on __________________
Done at ______________________________
To be sent by registered letter with acknowledgement of receipt, fax or e-mail no later than the fourteenth day after signing the contract, if you wish to withdraw from the contract.