General Terms of Sales | Galerie SAMAGRA

TERMS OF SALES

ARTICLE 1 - PRINCIPLES

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the site www.galeriesamagra.com and will prevail, if necessary, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force at a distance whose companies are headquartered in France.

ARTICLE 2 - CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods offered by the seller to the buyer, from the website www.galeriesamagra.com. These conditions only concern purchases made through the website. We invite you to consult the list of countries for all deliveries. If you can't find your country in the shipping choice, please feel free to contact us.

ARTICLE 3 - PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having had communication prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L.221-5. of the consumer code.

The following information is sent to the buyer in a clear and comprehensive manner:

the characteristics of the part,
the price in euros,
and if applicable, all additional costs of transport, delivery or postage and any other costs payable,
in the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the good, whatever its price,
information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

ARTICLE 4 - THE ORDER

The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product within the limit of available stocks.

The buyer will be informed of any unavailability.

In order for the order to be validated, the buyer must accept, by clicking on the place indicated, these general conditions. He must also choose the address and the delivery method and finally validate the payment method.

The sale will be considered final:

after sending the buyer confirmation of acceptance of the order by the seller and by email,
and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the parts available for sale.

Any dispute on this point will take place in the context of a possible exchange and the guarantees mentioned below:

- In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account until the problem is resolved.

For any question relating to the follow-up of an order, the buyer must call Galerie Samagra at +33 (0) 1 42 86 86 19 (cost of a local call) on the opening days and hours indicated in the section " Gallery ”or send an email to contact@galeriesamagra.com.

ARTICLE 5 - ELECTRONIC SIGNATURE

The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

payment of the sums due under the order form,
signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the purchaser is invited as soon as this use is noted to contact us.

ARTICLE 6 - ORDER CONFIRMATION

The seller provides the buyer with a copy of the contract by e-mail.

ARTICLE 7 - PROOF OF THE TRANSACTION

The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.

ARTICLE 8 - PRODUCT INFORMATION

The documents governed by these general conditions are those which appear on the website www.galeriesamagra.com. They are offered within the limits of available stocks.

The parts are described with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the parts are not contractual.

ARTICLE 9 - PRICE

The seller reserves the right to modify its prices including tax at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated at the validation of the order.

The prices take into account the VAT applicable on the day of the order. Any change in the applicable VAT rate will automatically be reflected in the price of parts sold online.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the sale price of the parts.

ARTICLE 10 - METHOD OF PAYMENT

These are orders with an obligation to pay, which means that placing the order involves payment by the buyer. To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the site.

The buyer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, as follows:

Bank card via Stripe module

ARTICLE 11 - AVAILABILITY OF PARTS - REFUND - RESOLUTION

Except in cases of force majeure or during annual closing periods which will be clearly announced on the home page of the site, shipping times will be, within the limit of available stocks, those indicated in the section concerned. Shipping times run from the date of registration of the order indicated on the order confirmation email.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period. In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

However, the buyer may immediately terminate the contract, if the dates or deadlines constitute an essential condition of the contract for him. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

ARTICLE 12 - DELIVERY TERMS

Delivery means the transfer to the consumer of physical possession or control of the good. The parts ordered are delivered by Colissimo / Chronopost / DHL or other carrier within a maximum period of 30 days according to the terms offered on the site www.galeriesamagra.com.

Customs Tax: Customs duties, local taxes, import duties or State taxes may be required by the carrier who will deliver your order to you. These sums will be your responsibility and are your sole responsibility.
Insurance: all our shipments are insured regardless of the carrier and the value of the jewelry.
Delivery tracking: we follow each of our shipments personally and you too have the possibility to follow your order thanks to a tracking number which is communicated to you as soon as your package leaves our gallery.

The parts are delivered to the address indicated by the buyer on the order form and must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can at his request, obtain the sending of an invoice to the billing address and not of delivery.

If the buyer is absent on the day of delivery, the deliveryman will leave a calling card, which will allow the parcel to be collected from the place and during the period indicated. If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they are damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing part compared to the delivery note, damaged package, broken parts).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within 2 working days of receipt of the part (s) and send a copy of this letter to Galerie Samagra, 52 rue Jacob 75006 Paris France.

If the parts need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. The return of the part cannot be accepted:

- Only for parts in their original condition and packaging

- That if this product has not been the subject of a personalization or an adjustment

- That it has not been the subject of a special order (jewel does not exist in the catalog)

- That it was not worn.

ARTICLE 13 - DELIVERY ERRORS

The buyer must formulate with the seller on the same day of delivery or at the latest the first working day following delivery, any claim of error of delivery and / or non-conformity of parts in kind or in quality compared to details on the order form. Any complaint formulated beyond this period will be rejected.

Complaints can be made by e-mail to contact@galeriesamagra.com.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the part (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any part to be exchanged or reimbursed must be returned in its original packaging in good condition, by Colissimo / Chronopost, to Galerie Samagra 52 rue Jacob 75006 Paris.

Return costs are the responsibility of the seller.

ARTICLE 14 - PRODUCT GUARANTEE

Legal guarantee of conformity and legal guarantees against hidden defects

The Galerie Samagra company guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L.217-4 et seq. Of the Consumer Code or the guarantee defects in the part sold within the meaning of articles 1641 and following of the civil code. In the event of implementation of the legal guarantee of conformity, it is recalled that:

the buyer has a period of 2 years from the delivery of the goods to act,
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-17 of the consumer code,
the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods, following the delivery of the good.

In addition, it is recalled that:

the legal guarantee of conformity applies independently of the commercial guarantee indicated below,
the buyer can decide to implement the guarantee against hidden defects of the part sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the civil code.

ARTICLE 15 - RIGHT OF WITHDRAWAL

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any part that does not suit him and request the exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns are to be made in their original and complete condition, as well as the packaging, allowing them to be re-marketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete parts are not taken back. The reason for withdrawal must be sent by registered mail with acknowledgment of receipt to Galerie Samagra, 52 rue Jacob 75006 Paris.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the part (s) purchased and the delivery costs are reimbursed. The return costs are the responsibility of the buyer.

The exchange (subject to availability) or the refund will be made within 14 days of receipt by the seller of the parts returned by the buyer under the conditions provided below.

Exceptions

According to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period,
supply of goods made to consumer specifications or clearly personalized.

ARTICLE 16 - FORCE MAJEURE

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all possible reasonable efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning , the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts for more than 3 months, these general conditions may be terminated by the injured party.

ARTICLE 17 - INTELLECTUAL PROPERTY

The content of the www.galeriesamagra.com site remains the property of Sfeir-Galerie Samagra, the sole holder of the intellectual property rights over this content. The buyers undertake not to make any use of this content, any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

ARTICLE 18 - DATA PROCESSING AND FREEDOMS

The personal data provided by the purchaser are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised by written request to the following address: Galerie Samagra, 52 rue Jacob 75006 Paris.