General Terms and Conditions of Sale
Updates as of 22 June 2022
I. Application of the General Terms and Conditions of Sale
The Site is reserved for the retail sale to individuals acting for personal purposes (the " Customer" ). The Customer declares and guarantees to act as a final consumer of the products he/she orders.
The general terms and conditions of sale (the " GTC") detailed below apply to and form part of all orders and sales of products and services placed through the Site ("the Products") to Pierres Paris by the Customer.
The Customer must read the GTC before placing an order (the " Ordering"), the GTC being available on the Sites. Consequently, placing an Order implies the Customer's full prior and unconditional acceptance of the GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.
Pierres Paris reserves the right to adapt or modify at any time the present GTC. The version of the GTC applicable to a sale is the one online on the website https://pierresparis.fr/au at the time of the Order.
II. Information on the Site and accessibility of the Site
The Websites are accessible to all users of the Internet network 24 hours a day, 7 days a week, except in the case of planned or unplanned interruptions for maintenance and/or security purposes or in the event of force majeure (as defined below). Pierres Paris shall not be held responsible for any damage of any kind resulting from the unavailability of the Website.
Pierres Paris does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will function without breakdown or interruption. In this respect, Pierres Paris may determine freely and at its own discretion any period of unavailability of the Website or its content. Pierres Paris shall not be held responsible for any data transmission, connection or network unavailability problems.
Pierres Paris reserves the right to modify the Website for technical or commercial reasons. When these changes do not substantially alter the conditions of the provision of services, the Customer may be informed of the changes made, but his acceptance is not required.
III. registration on the site
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the " Account ").
The Customer's registration on the Website is validated by Pierres Paris after checking the standard form filled in by the Customer. The Customer shall receive an email confirming the registration.
When creating an Account, the Customer must ensure that the information provided is accurate and complete. The Customer is obliged to keep his/her personal information up to date. In the event of an error in the recipient's details, Pierres Paris cannot be held responsible for the impossibility of delivering the Products.
Pierres Paris may delete the Customer's Account at any time, for any reason, at its sole discretion, without being held responsible for this.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are automatically updated in real time.
Pierres Paris takes the utmost care in the presentation and description of its Products in order to provide the Customer with the best possible information. It is however possible that errors may appear on the Website, which the Customer acknowledges and accepts.
Pierres Paris does not guarantee the accuracy or security of information transmitted or obtained through the Website. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and do not engage the responsibility of Pierres Paris. In particular, the photographs illustrating the Products may be slightly different from reality due to the Customer's screen settings or the lighting when the photographs were taken.
Orders placed on the Website are subject to compliance with the procedure set up by Pierres Paris on the Website, which includes successive steps leading to the validation of the Order.
The Customer may select as many Products as he/she wishes. These Products will be added to the basket (the " Basket"), which summarises the Products chosen by the Customer as well as the prices and charges relating thereto. The Customer may freely modify the Basket before validating the Order. Once the Order has been validated and the Customer has clicked on the " I have read and accept the general terms and conditions of sale "The Customer's acceptance of the GTC, the Products purchased, their price and the associated costs are confirmed.
Pierres Paris shall send the Customer a confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.). To this end, the Customer formally accepts the use of electronic mail for the confirmation by Pierres Paris of the content of his/her Order. Invoices are available in the "my account" section of the Website.
VI. Refusal to process an Order
Pierres Paris reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information contained therein. Despite Pierres Paris' best efforts to satisfy its clients' expectations, Pierres Paris may refuse to process an Order after having sent the Client the confirmation e-mail summarising the Order.
Pierres Paris shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Website, or the replacement or modification of any content or information on the Website, or the refusal to process an Order after the confirmation email summarising the Order has been sent.
Pierres Paris also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or who has acted in breach of these GTC, or in the event of objective suspicion of fraud.
Pierres Paris expressly forbids the use of its Website for professional purposes, in particular for the purchase for resale on a professional basis. Consequently, Pierres Paris reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, especially if the quantity of items ordered exceeds the needs of a consumer.
VII. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in US dollars for the United States, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include the value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
Pierres Paris reserves the right to modify its prices at any time, but the Products will be invoiced at the prices in effect at the time the Order is placed and paid for, subject to availability.
The Products are payable in cash at the time of the actual Order.
The payment of the purchases is carried out either via Paypal, or via the protected platform of our provider of payment Stripe.
Paypal (Europe) S.à.r.l. et CieS.à.r.l. et Cie. is a Luxembourg limited partnership with shares, registered with the Luxembourg Trade and Companies Register under number B118349, whose registered office is located at 22-24, Boulevard Royal - L-2449 Luxembourg. For any information, the Customer may consult the following website: https://www.paypal.com.
Pierres Paris does not have access to the payment data of its Customers which are directly transmitted to Paypal.
At the time of each transaction, the issuer's banks analyze the transaction in order to limit the risk of fraudulent behavior. As a result of this analysis, some Orders may be blocked. Pierres Paris shall not be held responsible for any refusal to process an Order that has been blocked due to suspected fraud.
The Customer expressly acknowledges that providing his/her credit card number when placing the Order shall be considered as authorisation to debit his/her account for the price of the Products ordered. If necessary, Pierres Paris shall send the Customer a notice of cancellation of the Order due to non-payment to the email address provided by the Customer when registering on the Website.
The data recorded and kept by Pierres Paris, except for payment data, constitute the proof of the Order and of all sales made. The data recorded by Paypal or Stripe constitute the proof of any financial transaction between the Customer and Pierres Paris.
Delivery means the transfer to the Customer of physical possession of the Products (the " Delivery ").
Delivery takes place, depending on the Customer's choice, either by collecting the Products from the selected collection point (in the Shop), or by receiving the Products at the postal address indicated, it being specified that this must be the Customer's home address, the address of a natural person of his choice or of a legal entity (delivery to his company).
Delivery cannot be made to hotels or post office boxes.
Furthermore, Pierres Paris does not deliver Products to the following countries: Morocco, Brazil, Singapore, Taiwan, South Korea, United Arab Emirates.
Transport is provided by Chronopost, DPD, Paack, B2C Europe, Fedex, UPS or DHL, from Monday to Saturday, depending on the option chosen by the Customer when validating the Order.
Pierres Paris delivers the Orders within a maximum of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Order.
In the event that the delivery time is exceeded, and as long as the Product has not been delivered, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of his request. Notwithstanding the above, Pierres Paris shall not be held responsible for any damage caused by a delay in delivery, and only the reimbursement of the Product by Pierres Paris shall be possible, to the exclusion of any other form of compensation.
In the event that the Delivery cannot be made due to an incorrect delivery address or if the Customer fails to collect the Order from the selected collection point, the Order shall not be reshipped and the Customer shall be reimbursed within five (5) days from the date of receipt of the Order by Pierres Paris.
IX. Right of withdrawal - return and REFUND
9.1. Time limit and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the date of receipt of the Order to exercise his/her right of withdrawal from Pierres Paris, without having to justify his/her decision. After this period of fourteen (14) days, the sale is firm and final.
The exercise of the right of withdrawal can be done either by logging into his customer account in the "order" section, or by using and sending the model withdrawal form in Annex 1 of the General Conditions of Sale, by email to email@example.com.
The Customer may not exercise his right of withdrawal for a Product made to his specifications, used, worn, washed, damaged or unsealed.
9.2. Procedures for returning the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer shall return the Order with the prepaid return form provided by Paris Stones, without undue delay and, at the latest, within fourteen (14) days of communicating his/her decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.
To make a return, the Customer must follow the procedure indicated on the return form received with the Order.
Pierres Paris will take care of the return of the Products if the place of delivery is in one of the following countries:
United States of America
The return of Products is at the Customer's expense and risk if the place of delivery is not in the above-mentioned countries, or if the Customer chooses another method of return than the one proposed by Paris Stones.
9.3. Reimbursement for Products returned under the right of withdrawal
Pierres Paris shall reimburse the Order within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw, provided that it has received the Product which is the subject of the right of withdrawal within this period.
Pierres Paris shall refund the Customer using the same method of payment used for the payment of the Order. If this means of payment has expired, the Customer shall contact the Customer Service to change the method of reimbursement. Pierres Paris shall not be liable for any delay in the refund.
The refund of an order paid with a gift card, a gift card or a credit note, will be done automatically in credit note.
If the Customer fails to comply with these GTC, Pierres Paris shall not be entitled to reimburse the Products concerned. In any case, Pierres Paris shall be responsible for the return shipping costs if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. Warranties - Limitation of liability
10.1. Limitation of liability
The liability of Pierres Paris with respect to any Product purchased on the Website is strictly limited to the purchase price of such Product. Pierres Paris shall not be liable for the following losses, regardless of their origin:
- loss of income or sales
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of work or management time
- loss of image
- loss of opportunity, in particular to order a Product
- moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.
Paris Stones does not provide any guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer, including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download content, or the use of the Customer's own software, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this regard, the Customer acknowledges that it is the Customer's responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect them from bugs, viruses or other such harmful programming routines.
The Customer acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data that results from the download of such content.
Pierres Paris is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must be in conformity with the description and possess the characteristics shown on the Website; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, Pierres Paris guarantees consumers against defects of conformity and hidden defects for the Products sold on the Website under the following conditions:
10.2. Legal guarantees
All products sold on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-conforming Products at no cost.
However, Products modified, repaired or integrated by the Customer are excluded from the warranty.
The guarantee shall not apply to apparent defects, or defects that the Customer was aware of or could not have been unaware of at the time of the Order, particularly with regard to the information provided by Pierres Paris.
The warranty will not cover Products damaged after the risk has passed to the Customer, or due to misuse.
Legal guarantee of conformity
According to Article L217-4 of the French Consumer Code: "The seller is required 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. "
According to Article L217-5 of the French Consumer Code: "The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter "
If the Customer notes a lack of conformity of the Product, within the meaning of Article L. 217-5 of the French Consumer Code, he/she may exercise the legal guarantee of conformity within a period of two (2) years from the delivery of the Product, and is exempted from proving the existence of the lack of conformity during this period.
The request should be addressed to the Customer Relations Department at firstname.lastname@example.org
When the legal guarantee of conformity is implemented, in accordance with articles L. 217-9 and L. 217-10 of the French Consumer Code, Pierres Paris undertakes :
- either repair the Product or replace it with an identical product depending on available stocks, at the Customer's choice, unless this choice entails a cost that is clearly disproportionate for Pierres Paris with regard to the other method, taking into account the value of the Product or the importance of the defect;
- or to refund the price of the Product if the repair and replacement of a Product proves impossible, or if the replacement or repair, as the case may be, presents a major inconvenience to the Customer, or if the replacement or repair, as the case may be, cannot be carried out within one month of the Customer's request.
Guarantee against hidden defects
According to Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
If the Customer finds a hidden defect within the meaning of Article 1641 of the Civil Code, he may exercise the legal guarantee against hidden defects within a period of two years from the discovery of the defect.
The request should be addressed to the Customer Relations Department at email@example.com.
When the guarantee against hidden defects is invoked, Pierres Pariss undertakes, according to the Customer's choice and after evaluation of the defect :
- either to refund the full price of the returned Product,
- or to refund part of the price of the Product if the Customer decides to keep the Product.
Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of any other contractual or commercial guarantee that may be granted by Pierres Paris. Neither do they deprive the Customer of his right of withdrawal as defined in Article 9 of the GTC.
10.1. Force Majeure
In the event of an event of force majeure preventing the execution of the Order or these GTC, Pierres Paris shall inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to the events usually considered by the jurisprudence of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction in question may be terminated at the request of Pierres Paris or the Customer, without compensation for either party.
I. RETENTION OF TITLE
Pierres Paris retains full ownership of the Products sold until full payment has been received, including all fees, taxes and compulsory contributions.
II. Partial disability
If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.
No tolerance, inaction or inertia on the part of Pierres Paris shall be construed as a waiver of its rights under the GTC.
IV. Applicable Law - Competent Jurisdiction - MEDIATION
The sale of Products is subject to French law.
However, the choice of French law cannot deprive the Customer residing outside of France of the application of the mandatory and protective provisions of the law of the country in which the Customer has his usual residence, provided that Pierres Paris carries out its activity or directs its activity towards this country.
In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to the Customer Service Department at firstname.lastname@example.org.
The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, particularly in the event of a cross-border dispute
In addition, the Customer always has the option of going to court to resolve a dispute. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Court of Appeal of Paris, or, if the Customer is a consumer, to any legally competent court.