Article 1 - GENERAL PROVISIONS - SCOPE OF APPLICATION
1.1 The present Terms of Sale determine the rights and obligations of the parties in the frame of the online sale of Products proposed by the company ECOMHESS ("the Company").
1.2 Any Order placed on the website Porta Gioielli supposes the preliminary acceptance and without restriction of the present Terms of Sale, which are subject to the French law. These Terms of Sale are an integral part of the Contract between the Customer and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction nor reserve, before placing the Order.
1.3 These Terms and Conditions shall apply to any Order placed by an individual of legal age acting as a consumer. The Customer hereby certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit himself when placing an Order and undertakes to provide truthful information regarding his identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e., natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these Terms of Sale.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The terms and conditions applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These Terms of Sale are available on the Company's website at the following address: www.porta-gioielli.it and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once the selection is complete, the Customer must confirm his or her basket to proceed with the Order (1st click)
At this stage, the Customer is redirected to a page containing
A summary of the selected Products, the corresponding prices, the terms and conditions and the delivery charges. It is then up to the Customer to check and possibly correct the contents of his/her basket.
The present Terms of Sale. It is the customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after verification of the shopping cart and reading of the Terms of Sale(2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his/her part.
The Customer is then redirected to the payment page. The Customer can choose between the different payment methods offered and proceed with the payment of his/her Order.
Once the Order has been validated and payment has been made, the Client shall receive a confirmation message from the Company to the e-mail address he/she provided to create his/her account. This message contains, in pdf format
The summary of the order (selected product, price, terms and delivery charges);
The precise identification of ECOMHESS and its activity;
The number of the Order;
The terms, conditions and withdrawal form;
If the Customer does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the site.
The Customer will then receive an electronic purchase invoice, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents may be produced as proof of the Contract.
2.2 Refusal by the Company to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in compliance with the Terms of Sale;
Quantities ordered that do not correspond to normal use by a consumer Customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of corroborating evidence).
Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
While the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company assumes no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products oﬀerted for sale have no contractual value. The validity period of the oﬀre of the Products as well as their prices is specified on the Company's websites.
3.2 Availability of Products
The offers of Products are valid within the limit of stocks available from our suppliers. This availability of Products is normally indicated on the specific page of the Product.
However, insofar as the Company does not reserve stock (except in particular cases of Products indicated as pre-orders on the Product page), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Client's Order, the Company shall immediately inform the Client by e-mail. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the Sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the pages of description of the Products. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Websites are indicated in Euros, excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which shall be paid in addition and shall be entirely at the expense of the Customer, who shall be liable for such taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packaging, packing, shipping, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the declaration and payment of import VAT when clearing the Product through customs. The Customer may be required to pay the import VAT. To the extent that the Company is not responsible for this tax, the Company shall not be liable for any refund of such tax.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.
They shall be borne by the Client and are the Client's responsibility (declarations, payment to the competent authorities, etc.). The Company invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order has been confirmed.
The Company may, exceptionally, grant payment in several instalments, in particular in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request by contacting the Company's Customer Service at the following address firstname.lastname@example.org
5.2 Payment methods
To pay for his or her Order, the Customer may choose between different payment methods:
Payment by credit card:
Only bank cards linked to a banking establishment located in Europe or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. The Customer expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number is equivalent to authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of 1.000 €.
Payment by vouchers and/or promotional codes
Vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are valid only once. In the event of an attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal to authorize payment by officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.
The Company reserves the right to set up a procedure for verifying Orders to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send a copy of his or her identity card, proof of address and a copy of the credit card used for payment to the Company by e-mail or by post. Precise indications on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Customer in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY - DEDICATION - RECEPTION
Prior to the validation of the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Once the Client has chosen the delivery method, the Company shall provide the Client with an estimated delivery time.
The Company will make every effort to ensure that the Product(s) are delivered by the scheduled delivery date. In case of difficulty, the Company undertakes to contact the Customer promptly to inform him/her and to seek an appropriate solution.
The air transport, shipping and/or delivery of the Product(s) will be fully paid by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer at the time of the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, the delivery will be made either to the address given by the Customer or, if applicable, to a relay point chosen by the Customer from the list of available points. It is therefore incumbent upon the Customer to check the information provided for the delivery, as he/she alone is responsible for any failure to deliver due to incomplete or erroneous information.
6.2 Customs clearance
At the time of his purchase, the Customer buys the product free of tax and becomes the importer of the product purchased in his capacity as recipient of the product.
The Customer is therefore responsible for the import and customs clearance of the Product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than 150 €).
The Customer is solely responsible for the process of declaring customs duties upon clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. Therefore, the Company shall not be liable for the reimbursement of such duties.
Upon receipt of the Product, the Client undertakes to check that the Product is complete and undamaged.
In the event of an anomaly, the Customer must contact the Company's Customer Service within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this deadline cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to cancel the Sales Order within fourteen (14) calendar days from the date of receipt of the Sales Order, without giving any reason. In the event of an Order for several Products, the period shall run from the date of receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs shall be refunded, with the return shipping costs being borne by the Customer.
In accordance with the provisions of articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal may not be exercised for the following contracts
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
The supply of goods that are likely to deteriorate or expire rapidly;
Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to meet the emergency;
Of supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded at a public auction;
7.3 Methods of exercising the right of withdrawal
In order to exercise the right of withdrawal, the Client must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his intention to withdraw within the 14 day period mentioned above.
Model withdrawal form :
To the attention of (name of the site concerned), Customer Service,
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the product below:
Name of the Product :
Date of order and receipt :
Order number :
Tracking number of the withdrawal request:
Customer's name :
Customer's address :
Customer's signature: (only if this form is notified on paper)
This form should be sent to the Company at one of the following addresses:
For a paper submission, to ECOMHESS, Customer Service, 128 Rue La Boétie, 75008 Paris.
For an electronic submission, to the following address: email@example.com
The Client shall have a period of 14 days from the date of sending the notification of withdrawal to return the Product to the Company in its original packaging, the cost of return being borne exclusively by the Client.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In case of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not proceed to any refund and may even, if it deems it necessary and appropriate, engage the responsibility of the Client for depreciation of the Product.
In case of return of the Product in accordance with the law and the present Terms of Sale, the Company will refund the total amount paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will proceed with the refund only after reception and verification of the condition of the returned Product.
This refund will be made using the same means of payment that the Customer used to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer shall be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - WARRANTIES
8.1 Legal guarantees
The Company remains liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code as well as for hidden defects in the goods sold in accordance with Articles 1641 et seq. of the French Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 and following of the Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of delivery to act
May choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
Is exempted from proving the existence of the defect of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects in the sense of Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of the applicable texts
L.217-4 Code de la Consommation
"The seller delivers a good in conformity with the contract and is responsible for defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or carried out under his responsibility.
L.217-5 Code de la Consommation
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, if 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 presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or in labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
L.217-9 Code de la Consommation
"In case of lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.
L.217-12 Code de la Consommation
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
1641 of the Civil Code
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. [...] "
8.2 Manufacturer's warranty
Some Products on sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly party.
The existence of this type of warranty is mentioned, if necessary, on the specific page of the Product.
If the Client wishes to make use of this warranty, he/she should inform the Company by contacting the Customer Service Department and consult the terms and conditions of application of the warranty, which are generally included in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
If the Client fails to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including those that deliver the Products or process payments.
With regard to this personal data, the Customer has several rights:
Right of access to personal data concerning him/her;
Right of rectification and deletion if the personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and conservation of certain data is prohibited;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (especially in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the conservation, deletion and communication of your personal data
The right to withdraw consent to certain processing operations (processing operations carried out prior to withdrawal of consent remain lawful)
Right to lodge a complaint with the CNIL.
To exercise his rights, the Client may send a request to the Company, by means of :
a letter addressed to the Company ECOMHESS, 128 Rue La Boétie, 75008 Paris.
The request must mention the Client's e-mail address, surname, first name and postal address and must be accompanied by a copy of his/her ID on both sides.
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these Terms of Sale.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of an act of God or force majeure that would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including, without limitation, any modification or alteration of the Product(s) not authorized by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who would violate the provisions of the Terms, or in a general way the applicable legal provisions, without prejudice to any damages that the Company could request.
Any person whose account has been suspended or terminated may not place a subsequent order or create a new account on the Site without the prior authorization of the Company.
Article 14 - ARCHIVING - PROOF
Unless proven otherwise, the information recorded by the Company shall constitute proof of all transactions.
At the time of each Order, the Order summary is sent by e-mail to the Client and archived on the Company's website.
Communications between the Company and the Client shall be archived on computerized records which shall be kept for a period of 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, orders, order details, as well as invoices is eﬀected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements upon request to the address firstname.lastname@example.org.
Article 15 - NULLITY AND MODIFICATION OF THE TERMS OF SALE
If any provision of these Terms of Sale is invalid, it will be deemed unwritten, but will not result in the invalidity of all contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these Terms of Sale, whatever the frequency and duration, shall not be considered as a modification of the Terms of Sale, nor shall it generate any right for the Client.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These Terms of Sale are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.
If no solution is found directly with the Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.