All orders on the Site are subject to these general terms and conditions of sale. These terms and conditions may be subject to modification and updating. The conditions applicable to the order of a product by a customer are those in force on the day of the order. The present 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 19 June 1980.
1. IDENTIFICATION OF THE SELLER
The present General Terms and Conditions of Sale are those of TITYARAVY. Société par actions simplifiées unipersonnelle au capital social de 1 000 euros. Head office located at 86, rue de Richelieu 75002 Paris-France. Registered with the RCS of Paris under number 830 459 871
VAT no.: FR 38 30 04 59 871
Telephone / sms: 06 60 99 29 87
The present general conditions of sale (hereinafter the "General Conditions of Sale") exclusively govern the sales made on the e-commerce website www.tityaravy.com (hereinafter the "Website") of products offered by TITYARAVY to buyers having the quality of consumers (hereinafter the "Client(s)") and specify the conditions of order, payment, delivery and management of possible returns of products ordered by the Clients.
The General Conditions of Sale are made available to the Clients on the website www.tityaravy.com where they can be directly consulted.
The General Conditions of Sale are opposable to the Client who declares to have read and accepted them by ticking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.
TITYARAVY reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the General Conditions of Sale applicable are those in force at the date of the validation of the order. It is therefore up to the Customer to refer to them each time the order is validated.
3. THE CUSTOMER
The TITYARAVY Products (hereinafter the "Products") are exclusively intended to be sold to final consumers who are natural persons or non-professional legal entities (hereinafter the "Customers"), to the exclusion of all sellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he/she is acting as a final consumer and that he/she does not intend to resell the Products for commercial purposes.
The customer of the Site must be a consumer, a natural person of legal age and legally capable. The customer must, at the time of his first order on the Website, open a customer account and fill in an order form specifying certain mandatory fields (delivery address, telephone...) so that his order of products can be taken into account and validated by TITYARAVY.
The information communicated to TITYARAVY within the framework of the opening of his customer account or at the time of each of his orders will have to be complete, exact and up-to-date. TITYARAVY may, if necessary, ask the customer to confirm -by any means- this information and his identity.
Given the commercial policy described above, TITYARAVY reserves the right not to follow up on orders coming from subjects other than the "Consumer" or on orders that do not comply with its commercial policy.
4. THE PRODUCTS
4.1 Description of products
The products offered for sale are those listed on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective or inferior products. Some of our products are one-of-a-kind; others may be made from natural stone.
We would like to draw the Customer's attention to the fact that the photographs illustrating our products may differ slightly from reality due to the Customer's screen settings and the lighting used when the photographs were taken.
Furthermore, as these are handcrafted creations, the items may present irregularities in finish, differences in format and/or shades inherent to this type of manufacture, which cannot be considered as 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 indicative only, and in no way bind the Company. Customers may obtain further information by contacting the Company's Customer Service department by telephone.
The prices of products sold on the Site are indicated in Euros, by article and reference and include all taxes (TTC ) but exclude delivery costs. TITYARAVY applies French VAT at the rate of 20%. At the time of order validation, the price to be paid by the Customer is the all-inclusive price, i.e. the sum of the price including VAT of the articles that make up the order, plus delivery costs. For all countries with a delivery address in France and in all other countries belonging to the European Union or not (Switzerland), products will be invoiced in Euros. Telecommunication costs incurred in accessing the site remain at the customer's expense. Any order delivered outside mainland France may be subject to local taxes, customs duties, sea grants and customs clearance fees upon delivery. You are responsible for paying these charges. Please check with the relevant authorities in the country of delivery.
The selling price of products may be modified by TITYARAVY at any time. This modification will be notified to the Customer before any order is placed.
5. ORDERS AND PRE-ORDERS
Any order placed on the Website implies the express acceptance of the GTC and the acceptance of the prices and products available for sale on the Website
. The placing of an order on the Website is subject to the respect of the procedure put in place by tityaravy.com, which is concretised by a succession of different screens indicating the steps that the client must imperatively follow to validate his order. The jewels offered by TITYARAVY are only produced in very limited quantities by our workshop. They will be produced at the validation of the order (except for some references which are in stock).
The website offers a part of its products on pre-order, the sums paid in advance by the customer do not constitute a deposit, in the sense of article 1590 of the Civil Code. The lead time for pre-ordered models may vary between 3 working days and several weeks depending on the product ordered and its specificities. Approximate lead times are specified in the product sheet.
After checking the content of the order, as well as the total cost of the order (products ordered, shipping costs, optional options), and correcting any errors, the Customer will definitively confirm the order at the payment stage. This confirmation will be considered as the conclusion of the contract.
Once the contract has been concluded, the Company will send the Client, by e-mail, an order confirmation containing a summary of the information entered on the order form, as well as a link to a withdrawal form. The invoice of 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 for a previous order, or if TITYARAVY reasonably believes that this Customer has violated the present GTC or has engaged in fraudulent activity, or for any other legitimate reason.
The languages available to enter into the contract with the tityaravy.com website are French and English.
6. TERMS OF PAYMENT
For the payment of the price of the products and the shipping costs, the Customer will follow the modalities indicated in the order form.
The Customer has the possibility to pay his purchases by credit card or by PAYPAL. The payment cards accepted are : CB, MasterCard®, Visa®, American Express® and JCB®.
The price is payable in euros (€) only. If the Customer's account is denominated in another currency, the amount of the payment 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 charges resulting from a conversion of foreign currency into euros will be charged to the Customer. The Customer is invited to contact his bank to find out the current exchange rates and charges.
During payment, the bank asks for personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Client must provide his/her bank card number, depending on the type of card, the expiry date of the card and the cryptogram number (3-digit number on the back of the bank card).
The Client guarantees the Company, when validating the order form, that he/she is in good standing with the issuer of the payment card.
Financial information will be transferred by means of a cryptographic protocol to PAYPAL or to 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 jewellery offered by TITYARAVY is only produced in very limited quantities by our workshop (5. Orders and pre-orders). Thus, it is possible that the piece the Customer wishes to purchase is not in stock although the mention "Add to cart" is displayed on the Website. In this case, the Customer will be informed and the part will be made on demand by our workshop.
The Customer's attention is drawn to the fact that the delivery time may vary by a few days
. We try to reduce this delay as much as possible and invite the Customer to contact our customer service in order to know the real time availability of TITYARAVY products.
The place of delivery must be located in France (including Corsica), Switzerland or in one of the European Union countries.
Any delivery address located outside these territories will be refused during the ordering process. If the Customer lives outside these territories, he/she may choose to collect his/her 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 GTC will be delivered to the address indicated by the Customer as the delivery address when ordering.
The Customer chooses the delivery method proposed on the Site. Delivery costs and times vary according to the country and delivery service chosen.
If the product is in stock, all orders placed before 2 p.m. (French time - GMT+1), from Monday to Friday, excluding public holidays, are prepared and handed over to the carrier on the same day.
If the order is placed and validated after 2 p.m. (French time - GMT+1), an additional working day will be required for delivery.
If the product needs to be manufactured, the jewel will be produced within 1 to 5 working days depending on its complexity.
If the product is on pre-order, the jewel will be delivered within 4 to 6 weeks.
Colissimo, DHL and UPS delivery depending on the delivery zones.
Delivery times are indicative as communicated by the carriers.
8. RIGHT OF WITHDRAWAL AND RETURN POLICY
Pursuant to Articles L.221-18 et seq. of the French 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 the Order. This period runs from the date of receipt of the Products by the Customer.
The Customer must enclose a copy of the invoice or any other document identifying the Order in question and its owner with his or her request for withdrawal.
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 may also contact customer service by e-mail: firstname.lastname@example.org or by telephone on 06 60 99 29 87 for any additional information.
Products must be returned in perfect condition, complete (accessories, instructions, warranty...) together with the invoice and a note explaining the customer's contact details and his or her wish to receive a refund or credit note, to the following address:
24, rue de Feydeau
Shipping costs associated with the return of products remain at the customer's expense unless the product received does not conform or has a manufacturing defect. The customer is also responsible for any customs charges incurred when returning a product from a foreign country.
Tityaravy strongly advises its customers to return products by Colissimo or Lettre Max. Customers may also choose the carrier of their choice. However, the customer is responsible for return shipping costs and risks. The customer is therefore advised to provide proof of the return, which implies that the products are returned with parcel tracking, or by any other means giving a certain date.
The right of withdrawal - in addition to compliance with the deadlines and procedures described in the previous points - is considered to have been correctly applied if the following conditions are fully met:
After receipt and verification of the products returned by the Customer, the Company will refund the payments received within fourteen (14) working days, and in the case of the return of a global order (all products ordered in a single order) the delivery costs.
Delivery costs will be reimbursed on the basis of the standard delivery method (the most economical). If the customer has chosen a delivery method other than standard delivery, the additional costs charged will not be reimbursed.
- However, we will only accept the exchange and reimbursement of jewelry if all of the following conditions are met:
1) The product must not have been worn, used, modified, washed or damaged
2) The product must not have been made-to-measure (cf. 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 on the part of the Company, such as a product missing from the order or a product received that does not conform to the order, 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 e-mail to email@example.com within a maximum of 48 hours of receipt of the order.
No reimbursement will be made to a Customer who has not exercised his/her right of retraction under the conditions of the present article.
On receipt of the returned product, reimbursement will be made, at the Customer's discretion, in the form of a credit note valid for 6 months on the Site, or a reimbursement credited directly to the Customer's bank account, depending on the method of payment used when the order was placed.
These refunds will be made within 14 days of receipt of the products by us.
9. REFUND TERMS AND CONDITIONS
If the right of withdrawal is exercised according to 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 state of the products.
In case there is no correspondence between the recipient of the products indicated in the order form and the one who made the payment of the sums due for the purchase, the reimbursement of the sum, in case of exercise of the right of renunciation, will be made by TITYARAVY, in any case, to the one who made the payment.
The reimbursement will be made on the same medium as the one used for the purchase of 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 amount of the refund will be converted into the currency of the account
Customer with a conversion rate applied which will be the effective rate at the time of the refund and not at the time of purchase.
The exchange costs incurred by the Customer at the time of his initial purchase will remain at his expense and will not be subject to any refund by the Operator.
10.1 Legal provisions
When acting under the legal warranty of conformity, consumers have a period of two years from the date of delivery of the goods in which to take action; they may choose between repair or replacement of the goods, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code. of the French Consumer Code; except for second-hand goods, the consumer is exempted from proving the existence of the lack of conformity of the good during the six months following delivery of the good, a period extended to 24 months as of March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, unless the seller has stipulated that he will not be obliged to provide any warranty; in the event that this warranty is invoked, the buyer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code. The buyer has a period of two years from the date of discovery of the defect.
The postponement, suspension or interruption of the statute of limitations may not have the effect of extending the extinctive statute of limitations beyond twenty years from the date on which the right arose, in accordance with article 2232 of the French Civil Code.
All items purchased on the present site benefit from the following legal warranties, as provided for in the French Civil Code:
10.2 Legal warranty of conformity
In accordance with articles L.217-4 et seq. of the French Consumer Code, the Vendor is obliged to deliver goods in conformity with the contract entered into with the Consumer Customer, and to respond to any defects in conformity existing during delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day the Product is taken into possession. However, if the defect appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016, or if 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 Vendor may rebut this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity".
On the other hand, after this 24-month period (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist when he took 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 may choose between repair and replacement. 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 option, taking into account the value of the good or the importance of the defect. In this case, he is obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser".
10.3 Legal warranty against latent defects
According to articles 1641 to 1649 of the French Civil Code, the customer may request the exercise of the warranty against latent defects if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do 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 its intended use, or diminish that use to such an extent that the purchaser would not have bought the Product or would not have bought it at such a price had he known of the defect).
Claims, requests for exchange or reimbursement for a non-conforming Product must be made by post to : TITYARAVY, 24 rue de Feydeau 75002 Paris or by e-mail: firstname.lastname@example.org
In the event of non-conformity of a delivered Product, it may be returned to the Vendor who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by cheque or bank transfer for the amount of the order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) are then borne by the Vendor.
11. INTELLECTUAL PROPERTY
All documents, information, texts, graphics, images, photographs or any other content published on the website www.tityaravy.com are the exclusive property of TITYARAVY. Consequently, they cannot be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of the director of the publication.
TITYARAVY is the owner of all intellectual property rights (with the exception of the moral rights of the authors) pertaining to the Products and to the brands and distinctive signs under which the Products are marketed.
The Client recognises without reserve the intellectual property of TITYARAVY and undertakes not to infringe upon it in any way whatsoever. More specifically, the Client expressly agrees not to manufacture, sell, license or commercialise 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 pertaining to the Products and the brands belonging to TITYARAVY.
The Customer is informed that the data he/she provides on the Website is subject to various automated processing of personal data.
In application of the French law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, it is recalled that the personal data collected from the Customer is necessary for the processing of his/her order. It may also be used for prospecting purposes. The purposes of each of these processes are described in relation to the process concerned.
This data is intended for internal use by TITYARAVY. These personal data can also be transmitted to third parties, partners of TITYARAVY, unless the Customer has opposed it at the time of the collection of the data concerning him.
The personal data of the Customer are kept for the time strictly necessary to achieve the purposes for each of the treatments envisaged by TITYARAVY.
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting the customer service by email at email@example.com
13. FORCE MAJEURE
"Force majeure" means all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering from a force majeure.
In the event that TITYARAVY is prevented or delayed by a force majeure in the execution of its commitments, TITYARAVY commits to inform the Client within 72 hours specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or prevention. TITYARAVY will then be released from the responsibility related to the non-execution or delay in the execution of its obligations, but commits to use its best efforts to resume the full execution without delay. In such a case of force majeure, TITYARAVY will be able to terminate the order or any part of it at its own discretion, without liability, but will reimburse the Client for the amounts already paid. In no way, the Client will be able to invoke a case of force majeure to free himself even temporarily from an obligation to pay a sum of money.
14. SETTLEMENT OF DISPUTES AND APPLICABLE LAW
The sales concluded with TITYARAVY via the website www.tityaravy.com are subject to French law. In case of dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which the present contract could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of competence of the common law.
15. HYPERTEXT LINKS
The hypertext links 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 the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third party sites at his own risk or, where applicable, in accordance with the conditions governing 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 over all or part of the conditions of use and/or 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 inform it of any hypertext link present on the Site which would allow access to a third party site proposing content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case by case basis.