General Terms and Conditions
All orders on the Site are subject to these general terms and conditions of sale. These are subject to change and updates. The conditions applicable to the order of a product by a customer are those in effect on the day of the order. These general terms and conditions of sale are subject to French law, except for mandatory provisions to the contrary, such as those arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
1. IDENTIFICATION OF THE SELLER
These General Terms and Conditions of Sale are those of the company TITYARAVY. A single-member simplified joint-stock company with a share capital of 1,000 euros. Its registered office is located at 86, rue de Richelieu 75002 Paris-France. Registered with the Paris Trade and Companies Register under number 830 459 871
VAT number: FR 38 30 04 59 871
Email: caroline@tityaravy.com
Phone / text: 06 60 99 29 87
2. PURPOSE
These general terms and conditions of sale (hereinafter the "General Terms and Conditions of Sale") exclusively govern sales made on the online sales site www.tityaravy.com (hereinafter the "Site") of products offered by the company TITYARAVY to buyers with the status of consumers (hereinafter the "Customer(s)) and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Conditions of Sale are made available to Customers on the website www.tityaravy.com where they can be consulted directly.
The General Conditions of Sale are binding on the Customer who declares to have read and accepted them by checking the box "I accept the General Conditions of Sale" before implementing the online ordering procedure.
TITYARAVY reserves the right to modify its General Terms and Conditions of Sale at any time. In the event of a modification to the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in effect on the date the order is validated. It is therefore the Customer's responsibility to refer to them each time an order is validated.
3. THE CUSTOMER
TITYARAVY Products (hereinafter the "Products") are exclusively intended for sale to individual end consumers or non-professional legal entity customers (hereinafter the "Customers"), excluding any sellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.
The Site's customer must be a consumer, a natural person of legal age and legal capacity. The customer must, when placing their first order on the Site, open a customer account and complete an order form specifying certain mandatory fields (delivery address, telephone number, etc.) so that their product order can be processed and validated by TITYARAVY.
The information provided to TITYARAVY when opening a customer account or when placing an order must be complete, accurate, and up-to-date. TITYARAVY may, where appropriate, request confirmation from the customer-by any means-of this information and their identity.
Considering the commercial policy described above, TITYARAVY reserves the right not to process orders from subjects who differ from the "Consumer" or orders that do not comply with its commercial policy.
4. PRODUCTS
4.1 Description of products
The products offered for sale are those appearing on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective, or substandard products. Some of our pieces are unique; others may be made from natural stones.
We draw the Customer's attention to the fact that the photographs illustrating our products may appear slightly different from reality due to the Customer's screen settings and the lighting during the shooting.
Furthermore, as these are handcrafted creations, the items may have irregularities in finish, differences in format and/or shades inherent to this type of manufacturing which cannot be considered major defects. The Company's liability cannot be called into question, and the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are for informational purposes only and do not bind the Company in any way. Customers may obtain additional information by contacting the Company's Customer Service Department by telephone.
4.2 Price
The prices of the products sold on the Site are indicated in Euros, per item and reference and are inclusive of all taxes (TTC) excluding delivery costs. TITYARAVY applies French VAT at the rate of 20%. At the time of validation of the order, the price to be paid by the Customer is understood to be the all-inclusive price, i.e. the sum of the price including VAT of the items that make up the order increased by the delivery costs. For all countries with a delivery address in France and in all other countries belonging to the European Union or not (Switzerland) the products will be invoiced in Euros. The telecommunications costs inherent to accessing the site remain the responsibility of the Customer. Any order delivered outside mainland France may be subject to possible local taxes, customs duties, sea dues and customs clearance fees upon delivery. Their payment is at your expense and is your responsibility. Check with the competent authorities of the country of delivery.
The selling price of the products may be modified by TITYARAVY at any time. This modification will be notified to the Customer before any order.
5. ORDERS AND PRE-ORDERS
Any order placed on the Site constitutes express acceptance of the General Terms and Conditions and constitutes acceptance of the prices and products available for sale on the Site.
Ordering on the Site is subject to compliance with the procedure set up by tityaravy.com, which is embodied by a succession of different screen pages indicating the steps that the customer must follow to validate their order. The jewelry offered by TITYARAVY is produced only in very limited quantities by our workshop. They will therefore be produced upon validation of the order (except for certain references whose stock is available).
The Site offers some of its products for pre-order; the amounts paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code. The delivery time for pre-ordered models can vary between 3 working days and several weeks depending on the product ordered and its specifications. Approximate delivery times are specified in the product sheet.
After checking the contents of the order, as well as the total cost thereof (products ordered, shipping costs, optional extras), and correcting any errors, the Customer will definitively confirm it at the payment stage. This confirmation will constitute the conclusion of the contract.
Once the contract is concluded, the Company will send the Customer, by email, a confirmation of his order containing a summary of the information entered on the order form, as well as a link redirecting to a withdrawal form. The invoice for the order will also be provided as an attachment to the email sent to the Customer.
TITYARAVY reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if TITYARAVY reasonably believes that such Customer has breached these Terms and Conditions or engaged in fraudulent activity, or for any other legitimate reason.
The languages available for concluding the contract with the tityaravy.com website are French and English.
6. PAYMENT TERMS
For the payment of the price of the products and shipping costs, the Customer will follow the terms indicated in the order form.
The Customer can pay for their purchases by credit card or PayPal. Accepted payment cards are: CB, MasterCard®, Visa®, American Express®, and JCB®.
The price is payable in euros (€) exclusively. If the Customer's account is denominated in another currency, the payment amount in euros (€) will then be converted into the currency of the Customer's account at the exchange rate defined at the time of payment.
Any exchange fees resulting from a conversion of foreign currency into euros will be borne by the Customer. The Customer is invited to contact their bank to find out the current exchange rates and fees.
When paying, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and validate the transaction. The Customer must provide their bank card number, depending on the type of card, its expiration date, and the cryptogram number (3-digit number on the back of the bank card).
The Customer guarantees to the Company, when validating his order form, that he is in good standing with the issuer of the payment card.
Financial information will be transferred using a cryptographic protocol to PAYPAL or other banks providing services related to remote electronic payment, without third parties being able to access it under any circumstances.
7. DELIVERY AND DELIVERY TIMES
As a reminder, the jewelry offered by TITYARAVY is produced only in very limited quantities by our workshop (5. Orders and pre-orders). Thus, it is possible that the piece that the Customer wishes to purchase is not in stock even though the "Add to cart" message is displayed on the Site. In this case, the Customer will be notified and the piece will be made on request specially by our workshop.
The Customer's attention is therefore drawn to the fact that shipping times may vary by a few days.
We strive to reduce this delay as much as possible and invite the Customer to contact our customer service to find out the real-time availability of TITYARAVY products.
The place of delivery must be located in mainland France (including Corsica), Switzerland or one of the countries of the European Union.
Any delivery address located outside of these territories will be refused during the ordering process. If the Customer lives outside of these territories, they can choose to collect their order from the brand's showroom located at 86, rue de Richelieu 75002 Paris, specifying this address. Otherwise, the order will be cancelled.
The products ordered by the Customer on the Site in accordance with the General Terms and Conditions will be delivered to the address indicated by the Customer as the delivery address when ordering.
The Customer chooses the delivery method offered on the Site. Delivery costs and times vary depending on the country and the delivery service chosen.
If the product is in stock, all orders placed before 2 p.m. (French time - GMT+1), Monday to Friday excluding public holidays, are prepared and delivered to the carrier the same day.
If the order is placed and validated after 2 p.m. (French time - GMT+1), the business day will require an additional business day for delivery.
If the product needs to be manufactured, the jewelry will be produced within 1 to 5 business days depending on its complexity.
If the product is on pre-order, the jewelry will be delivered within 4 to 6 weeks.
Colissimo, DHL and UPS delivery depending on the delivery areas.
Delivery times are indicative as communicated by the carriers.
8. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS
Pursuant to Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the order to exercise his right of withdrawal from his Order. This period runs from the receipt of the Products by the Customer.
The Customer must attach to his request for withdrawal a copy of the invoice or any other element allowing identification of the Order in question and its holder.
Only the Customer identified as such to TITYARAVY may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).
The customer will also have the option of contacting customer service by email: contact@tityaravy.com or by telephone at 06 60 99 29 87 for any additional information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice and a note of explanation stating the customer's contact details and their wish to receive a refund or credit note, to the following address:
TITYARAVY
EShop Department
24, rue de Feydeau
75002 Paris
Shipping costs related to the return of products remain the responsibility of the customer unless the product received is not compliant or has a manufacturing defect. Any customs fees related to the return of products from a foreign country are also the responsibility of the customer.
Tityaravy strongly advises its customers to return products via Colissimo or Lettre Max. Customers also have the option of choosing the carrier of their choice. However, the return costs and associated risks are the customer's responsibility. It is therefore recommended that customers provide proof of return, which requires that the products be returned with parcel tracking, or by any other means providing a specific date.
The right of withdrawal - in addition to compliance with the deadlines and procedures described in the previous points - is considered to be correctly applied if the following conditions are fully respected:
After receipt and verification of the products returned by the Customer, the Company will reimburse the payments received within fourteen (14) working days and, in the event of the return of a global order (all the products ordered in a single order), the delivery costs.
The refunded delivery costs will be based on the standard (most economical) delivery method. If the Customer has chosen a delivery method other than the standard delivery method, the additional costs charged will not be refunded.
- However, we will only accept the exchange and refund of jewelry if all of the following conditions are met:
1) The product must not have been worn, worn, modified, washed or damaged
2) The product must not have been made to measure (see Special Orders IV)
3) The product must be returned in its original packaging accompanied by the purchase invoice
In the event that the return of the product by the Customer is due to an error by the Company such as a product missing from the order or a product received that is not compliant or a manufacturing defect in the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer must report the error by email to caroline@tityaravy.com within a maximum of 48 hours following receipt of the order.
No refund will be made to the Customer who has not exercised his right of withdrawal under the conditions of this article.
Upon receipt of the returned product, the refund will be made according to the buyer's wishes in the form of a credit note valid for 6 months on the Site or a refund credited directly to their bank account depending on the payment method used when ordering.
These refunds will be made within 14 days of receipt of the products by us.
9. REIMBURSEMENT DEADLINES AND METHODS
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, TITYARAVY will take the necessary steps to reimburse any sums already collected for the purchase of the products within fourteen (14) days after receipt and verification of the condition of the products.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the amounts due for the purchase, the reimbursement of the amount, in the event of exercising the right of withdrawal, will be made by TITYARAVY, in all cases, to the person who made the payment.
The refund will be made to the same medium used when purchasing the products, i.e. the customer's bank card. The refund will be made in EUROS. If the Customer's initial account is in a currency other than EURO, the refund amount will be converted into the account currency.
Customer with a conversion rate applied which will be the effective rate at the time of reimbursement and not at the time of purchase.
The exchange fees incurred by the Customer during their initial purchase will remain their responsibility and cannot be reimbursed by the Operator.
10. LEGAL GUARANTEES
10.1 Legal provisions
When acting under the legal guarantee of conformity, the consumer has a period of two years from delivery of the goods to act; he can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the date on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;
10.2 Legal guarantee of conformity
According to Articles L.217-4 et seq. of the French Consumer Code, the Seller is required to deliver goods that comply with the contract entered into with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect were to exist on the day the Product was taken possession of. However, when the defect appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may challenge this presumption if it is not compatible with the nature of the Product or the alleged lack of conformity."
However, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or if the product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the product.
In accordance with Article L.217-9 of the French Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer."
10.3 Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or refund for a non-compliant Product must be made by post to: TITYARAVY, 24 rue de Feydeau 75002 Paris or by email: caroline@tityaravy.com
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is not possible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the shipping costs for returning the Product) are then the responsibility of the Seller.
11. INTELLECTUAL PROPERTY
All documents, text information, graphics, images, photographs or any other content published on the Website www.tityaravy.com are the exclusive property of TITYARAVY. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorization of the publication director.
TITYARAVY owns all intellectual property rights (with the exception of the moral rights of authors) relating to the Products and the brands and distinctive signs under which the Products are marketed.
The Customer unreservedly acknowledges TITYARAVY's intellectual property as such and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and the brands belonging to TITYARAVY.
12. PERSONAL DATA
The Customer is informed that the data he provides on the Website is subject to various automated processing of personal data.
Pursuant to Law No. 78-17 of January 6, 1978, relating to information technology, files, and civil liberties, it is recalled that the personal data collected from the Customer is necessary for processing their order. They may also be used for prospecting purposes. The purposes of each processing operation are described in relation to the processing operation in question.
This data is intended for internal use by TITYARAVY. This personal data may also be transmitted to third parties, partners of TITYARAVY, unless the Client has objected to this when the data concerning him was collected.
The Customer's personal data is kept for the period strictly necessary to fulfill the purposes for each of the processing operations envisaged by TITYARAVY.
The Customer has the right to access, modify and oppose the processing of data concerning him/her by contacting customer service by email at contact@tityaravy.com
13. FORCE MAJEURE
"Force Majeure" means any external, irresistible and unforeseeable circumstances beyond the reasonable control of the party experiencing a Force Majeure Event.
In the event that TITYARAVY is prevented or delayed by a case of force majeure in the execution of its commitments, TITYARAVY undertakes to inform the Customer within 72 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment. TITYARAVY will then be released from liability related to the non-performance or delay in the execution of its obligations, but undertakes to use its best efforts to resume full execution without delay. In such a case of force majeure, TITYARAVY may, at its discretion, terminate the order or any part thereof, without liability, provided, however, that it reimburses the Customer for any sums already paid. Under no circumstances may the Customer invoke a case of force majeure to release itself, even temporarily, from an obligation to pay a sum of money.
14. DISPUTE RESOLUTION AND APPLICABLE LAW
Sales concluded with TITYARAVY via the website www.tityaravy.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences, and their aftermath, will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
15. HYPERTEXT LINKS
Hyperlinks available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, he/she will leave the Site and then agree to use third-party sites at his/her own risk or, where applicable, in accordance with the conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to report any hyperlink present on the Site which would allow access to a third-party site offering content contrary to the laws and/or morality.
The Customer may not use and/or insert a hyperlink pointing to the site without the prior written consent of the Operator on a case-by-case basis.
