TERMS OF SALES

Last Updated: April 21, 2020

The purpose of these conditions is to set the terms and conditions under which Majolie sells to its customers designer jewelry in gold-plated brass, pink gold or silver as well as 925 silver jewelry (hereinafter referred to as "the Product(s) )”) through the website www.merci-majolie.com (the “Site”).

The acceptance of these general conditions of sale ("GTC") implies the Customer's full and unreserved acceptance of these GTC.

 

All orders on the Site are subject to these T&Cs. These are subject to change and update; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

 

1. OBJECT

 

These T&Cs exclusively govern the sales made by Majolie of the Products offered to buyers who are consumers (hereinafter the "Customer(s)) on the Site and specify the conditions for ordering, payment, delivery and management of the possible returns of products ordered by Customers.

 

The GCS are enforceable against the Customer who declares to have read them and to have accepted them by checking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.

 

2.      CLIENT

 

The Customer of the Site must be a consumer, an adult natural person and legally capable. The Customer must, during his first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields so that his order of Products can be taken into account by Majolie.

 

The information communicated to Majolie as part of the opening of its customer account and during each of its orders must be complete, accurate and up-to-date.

 

Majolie reserves the right not to follow up on an order if it does not come from a customer who meets the criteria set out above.

 

3. PRODUCTS

 

The essential characteristics of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, he can contact Majolie by email at: team@merci-majolie.com

 

4. ORDER PROCESS

 

To place an order, the following steps must be followed:

 

• the Customer walks around the Site and adds the Product to his cart, specifying the quantity;
• the Customer verifies the nature of the Products added to the basket;
• to remove an item, the Customer must click on “Remove” and to change the number of items, modify the quantity and click on “Refresh”;
• the Customer can then finalize their order or choose to continue shopping;
• To conclude the purchase contract and finalize the order, the Customer completes the order form and indicates the personal data necessary for the order;
• the Customer must choose his mode of delivery;
• the Customer must choose his method of payment;
• it is up to the Customer to check the details of the order and in particular the total price of his order taking into account the price of the Products, the terms and delivery costs, the VAT, the Product in particular in terms of quantity;
• the Customer must read and accept the T&Cs;
• The Customer makes the payment.

The prices of the products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes.
Customs charges and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.

It is the Customer's responsibility to verify the accuracy of the information he provides.

 

Majolie reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

 

Majolie will also be entitled to refuse any order made by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these GCS.

 

In these cases, Majolie will inform the Customer by email.

 

In the event that the Products presented on the Site are no longer available or for sale at the time your order is sent, Majolie must inform you promptly, and in any case, before thirty working days from the day following your order , the possible unavailability of the products ordered. In the event of payment of the price, Majolie will reimburse you in full for the sums advanced for the unavailable Products.

In addition, any order that only includes gift boxes cannot be sent and will be refunded.

 

The contract is deemed concluded upon receipt by Majolie of the order after verification by Majolie of the accuracy of the data relating to the order.

 

After validation of your order, a notice of receipt will be sent by email to the Customer, containing a summary of the information of the order (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).

5. PAYMENT

 

The Site offers payment via Credit Card or via Paypal. When the order is finalized, Majolie confirms the payment by sending the Customer a summary email.

 

The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). Packaging, order processing and shipping costs are indicated before validation of the order.

 

Majolie may change the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and tax framework. The Products are invoiced on the basis of the price in force when the Customer places an order.

 

The Products remain the full property of Majolie until full payment of the price of each order by Majolie.

 

Payment for purchases is made via the secure platform of our partner Paypal.

 

For delivery within and outside the European Union, the Customer may have to pay customs duties or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery. SDepending on the bank you make your payment with, there may be additional bank charges.  The Majolie company is in no way responsible for these commissions. In addition, all payments made with Paypal (the majority on the site) are not affected by these fees. 

 

6. DELIVERY

 

The Products are delivered to the delivery address indicated on the order form.

The parcel is delivered according to the shipping method chosen by the Customer and is delivered to the recipient against signature of a delivery slip (depending on the delivery method).

Products are delivered worldwide. No delivery can be made to a hotel or PO box address.

Majolie does its best to ship all orders placed within 48 hours of your order (only on working days). However, during peak periods such as Christmas, or in the event of exceptional unavailability of a jewel, Majolie reserves the right to extend this shipping time.

Packages are shipped by the carrier (FEDEX), if the carrier is unable to deliver to the customer for various reasons, the Customer will be responsible for contacting them directly. 

An unclaimed, abandoned package will not be returned to the sender and the carrier may retain it, or even destroy it without claiming reimbursement to the Customer.

What are the delivery times ?

 See our section "Shipping and delivery"

 

7. ACCEPTANCE OF PRODUCTS

 

Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and of the Product delivered.

The goods always travel at the risk and peril of the recipient.

If, at the time of delivery and in the company of La Poste staff, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This verification is deemed to have been carried out when the Customer, or a person authorized by him, has signed the delivery note.

The Customer must then confirm his reservations to the carrier by registered letter no later than two days, not including public holidays, following that of receipt of the Products and send a copy of this letter to Majolie.

Failure to comply with said deadline does not affect the recourse that the Customer may have against Majolie to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of its delivery. 

In the event of an incomplete address or incorrect delivery address provided by the customer, the new shipment will be invoiced in addition to the order.

As soon as your package is dispatched, you will receive a tracking email. The Customer can then check the tracking of the package at any time. If the package is not received/recovered by the Customer, or if the Customer fails to give instructions to the carrier (in case of incomplete/incorrect address) within the usual time limit of 14 days, the package will be shipped back to Majolie's offices. The Customer will then have to pay the shipping and return costs in full.

 

8. WARRANTIES

 

In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of jewelery (replacement of clasp, broken chain, gilding, welding and stones to be reattached).

The Customer may request the application of this guarantee by mail by sending us the Product and the proof of purchase.

This warranty is free. 

This warranty runs from the date of delivery of the Product for a period of two weeks (14 days).

This commercial guarantee does not apply:

• non-conforming uses as well as defects of use;
• damage due to handling error, misuse or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
• in the event of an abnormal maintenance operation or in the event of a lack of maintenance and hygiene;
• in case of natural wear;
• the interventions carried out on the jewel by any person not mandated by the Customer Service as well as the deteriorations resulting from such an intervention.

 

8.2. Legal guarantees

 

Unless he is a legal person or a natural person acting for purposes falling within the scope of his commercial, industrial, craft or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which he can act. Majolie is thus liable for defects of conformity and hidden defects under the conditions provided for respectively by articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.

 

Article L 217-4 of the Consumer Code: 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. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

 

Article L 217-5 of the Consumer Code: To be in conformity with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, if necessary: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

  

Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

 

Article L 217-10 of the Consumer Code: If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.

 

Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

 

Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

 

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them.

 

Article 1644 of the Civil Code: Din the case of articles 1641 and 1643, the buyer has the choice of returning the item and getting the price refunded, or keeping the item and getting part of the price refunded.

 

Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

 

When acting as a legal guarantee of conformity, the Customer:

• has a period of 2 months from the delivery of the goods to act;
• can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the 2 months following the delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by Majolie.

When acting as a legal guarantee against hidden defects, the Customer can choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

9. CLIENT'S RIGHT OF WITHDRAWAL

 

In accordance with the provisions of Articles L 221-18 et seq. of the Consumer Code, the Customer may at their discretion waive their order without justifying any reason. To do this, he has the right to withdraw. He can exercise it (or a third party designated by him with the exception of the carrier) within 14 days of receipt of the Product.

 

Before the expiry of this 14-day period, the Customer must inform Majolie of his decision by sending him an email clearly and unambiguously expressing this decision and mentioning his order number to: team@merci-majolie.com

 

The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to Majolie, at the address indicated by our Customer Service no later than 14 days following the communication of its decision to withdraw.

Majolie strongly advises its Customers to return the products by Colissimo or International Tracked Letter. The Customer also has the option of choosing the carrier of his choice. It is therefore recommended to provide proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means giving a certain date.

 

Majolie must reimburse the Customer, including delivery costs, at the latest within 14 days from the date on which Majolie has actually collected the Product.

 

Reimbursement will be made by bank transfer to the card used to pay the initial invoice.

 

 

10. EFFECT OF CONTRACT

 

The contract takes effect as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.

 

11. INTELLECTUAL PROPERTY

 

The Customer acknowledges that the Majolie Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Majolie, in particular under intellectual property, for the entire duration of protection of these rights and for the whole world.

 

Some Products have been registered as designs and models and are automatically protected by copyright.

 

The Customer is prohibited from any act of reproduction or use of Product models, packaging, photographs, composition of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how. be used by Majolie, as well as any act tending to the appropriation of these elements, whether or not they are protected by Majolie by a trademark, design and model or copyright.

 

Consequently, any reproduction not authorized by Majolie will be the subject of an infringement liable to legal proceedings.

 

12. PROCESSING OF PERSONAL DATA

 

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.

 

13. APPLICABLE LAW AND JURISDICTION

 

 

In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GCS could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the common law rules of jurisdiction.