Terms and Conditions
OUR GENERAL CONDITIONS OF SALE
Last updated: January 1, 2019
GENERAL CONDITIONS OF SALE
The purpose of these conditions is to establish the terms and conditions under which Paipite sells designer gold-plated and silver jewelry to its customers (hereinafter referred to as “the Product(s)”) through the website www.paipite.com (the “Site”).
Paipite is a sole proprietorship registered in the Paris Trade and Companies Register under number ……… and whose registered office is located at 25, rue Michel le Comte, 75003 Paris; Telephone 0619155080; Email: contact@paipite.com.
Acceptance of these general terms and conditions of sale (“GTC”) implies the Client’s full and unreserved acceptance of these GTC.
All orders on the Site are subject to these General Terms and Conditions. These are subject to change and update; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
1. PURPOSE
These General Terms and Conditions exclusively govern the sales made by Paipite of Products offered to buyers with the status of consumers (hereinafter the “Customer(s)) on the Site and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
The General Terms and Conditions are binding on the Customer who declares that he/she has read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.
2. CLIENT
The Customer of the Site 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. For each order, the Customer must complete an order form specifying certain mandatory fields so that their order for Products can be processed by Paipite.
The information communicated to Paipite when opening a customer account and during each of its orders must be complete, accurate and up to date.
Paipite reserves the right not to process an order if it does not come from a customer meeting the criteria set out above.
3. PRODUCTS
The essential characteristics of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, they can contact Paipite by telephone at 0619155080 or by email at: contact@paipite.com.
4. ORDERING PROCESS
To place an order, the following steps must be followed:
• the Customer browses the Site and adds the Product to their basket, specifying the quantity;
• the Customer checks the nature of the Products added to the basket;
• to delete an item, the Customer must click on “Delete” and to change the number of items, modify the quantity and click on “Update”;
• the Customer can then finalize his order or choose to continue his purchases;
• To conclude the purchase contract and finalize the order, the Customer fills out the order form and indicates the personal data necessary for the order;
• the Customer must choose their delivery method;
• the Customer must choose their payment method;
• it is the Customer's responsibility to check the details of the order and in particular the total price of the order taking into account the price of the Products, the delivery terms and costs, VAT, the Product in particular in terms of quantity;
• the Customer must read and accept the T&Cs;
• The Customer proceeds to payment.
Product prices are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes.
Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the destination country. It is the Customer's responsibility to verify the accuracy of the information they provide.
Païpite reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
Païpite will also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order not in accordance with these General Terms and Conditions.
In these cases, Païpite will inform the Client by telephone or by email.
In the event that the Products presented on the Site are no longer available or on sale at the time your order is sent, Païpite must inform you promptly, and in any case, before thirty working days from the day following your order, of the possible unavailability of the products ordered. In the event of payment of the price, Païpite will reimburse you for the full amount advanced for the unavailable Products.
Additionally, any order that only includes gift boxes cannot be sent and will be refunded.
The contract is deemed to be concluded upon receipt by Païpite of the order after verification by Païpite of the accuracy of the data relating to the order.
After validation of your order, an acknowledgment of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
5. PAYMENT
The Site offers payment by credit card. When the order is finalized, Païpite confirms the payment by sending the Customer a summary email.
Prices displayed on the website are in euros, inclusive of all taxes (French VAT and other taxes applicable on the day of the order). Packaging, order processing, and shipping costs are indicated before the order is confirmed.
Païpite may modify the prices of the Products at any time and without notice, particularly due to changes in the economic, legislative and fiscal framework. The Products are invoiced on the basis of the price in effect when the Customer places the order.
The Products remain the full and entire property of the company Païpite until full payment of the price of each order by Païpite.
Payment for purchases is made via the secure platform of our partner Le Crédit Lyonnais.
For delivery outside the European Union, the Customer must pay customs duties or other taxes due upon importation of the products into the country of delivery. The related formalities are also the sole responsibility of the Customer. The Customer is solely responsible for verifying the import possibilities of the ordered Products with regard to the laws of the territory of the country of delivery.
6. DELIVERY
The Products are delivered to the delivery address indicated on the order form.
The package is delivered according to the shipping method chosen by the Customer and is handed over to the recipient against signature of a delivery slip (depending on the delivery method).
Products are delivered worldwide. No deliveries can be made to hotel addresses or PO boxes.
Païpite is committed to shipping all orders placed before noon the same day (business days only). However, during busy periods such as Christmas, Païpite reserves the right to extend the shipping time to 72 hours.
What are the delivery times?
Monday to Friday before 10 a.m.: Packages leave at 10 a.m. – you must therefore order the day before or the same day before 9 a.m. for same-day dispatch.
Fridays after 10 a.m., weekends and public holidays: Orders are shipped on Monday morning.
From the dispatch of the order, the average delivery times are as follows: 24 to 48 hours by Chronopost; 2 to 5 working days by Colissimo for France; 5 to 10 working days by Colissimo international.
It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.
If Païpite is unable to deliver on the date indicated or within the time period indicated when ordering, the Customer will have the option of obtaining cancellation of the order under the conditions provided for in Article L 216-2 of the Consumer Code, i.e. by registered letter with acknowledgment of receipt, after having ordered Païpite to make the delivery within a reasonable time by registered letter with acknowledgment of receipt, without Païpite having complied.
7. RECEIPT OF PRODUCTS
Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the delivered Product.
If, at the time of delivery, the packaging is damaged, torn or open, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This check is deemed to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip.
The Customer must then confirm their reservations to the carrier by registered letter no later than three days, not including public holidays, following receipt of the Products and send a copy of this letter to Païpite.
Failure to comply with the said deadline does not hinder the recourse that the Customer may have against Païpite to obtain the exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of its delivery. Similarly, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.
8. WARRANTIES
For any request relating to commercial and legal guarantees, please contact: Païpite Customer Service, ......... Paris (75003) – Telephone 06.19.15.50.80 (cost of a local call in mainland France, indicative rate from a landline, subject to change depending on the operator) – email: contact@paipite.com
8.1 Commercial guarantee
In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, gilding, soldering and stone re-gluing operations).
The Customer can request the application of this guarantee by mail (by returning the Product to us) or by going directly to the store with the Product and proof of purchase. This guarantee is free. We will reimburse you for the shipping costs.
This warranty runs from the date of delivery of the Product for a period of one (1) year.
This commercial guarantee does not apply:
• non-compliant uses as well as defects in use;
• damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
• in the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene;
• in the event of natural wear and tear;
• interventions carried out on the jewel by any person not authorized by Customer Service as well as damage resulting from such intervention.
Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
8.2. Legal guarantees
Unless it is a legal entity or a natural person acting for purposes falling within the scope of its commercial, industrial, craft or liberal activity, the Customer benefits in any event from the legal guarantees on the basis of which it can act. Païpite is thus liable for defects of conformity and hidden defects under the conditions provided respectively by articles L 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 217-7 of the Consumer Code: Defects of conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged defect of conformity.
Article L 217-9 of the 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 option, 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 option not chosen by the buyer.
Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer taking into account the nature of the goods and the use he is seeking. However, the sale cannot be cancelled if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed by two years from delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1644 of the Civil Code: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.
Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
When acting under the legal guarantee of conformity, the Client:
• has a period of 2 years from delivery of the goods to take action;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted by Lou Yetu. When acting under the legal guarantee of hidden defects, the Customer can choose between the resolution of the sale or the reduction of the sale price in accordance with article 1644 of the Civil Code.
9. CUSTOMER'S RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L 221-18 et seq. of the French Consumer Code, the Customer may cancel their order at their discretion without providing any reason. They have the right to withdraw from their order. They may exercise this right (or a third party designated by them, with the exception of the carrier) within 14 days of receipt of the Product.
Before the expiry of this 14-day period, the Customer must inform Païpite of his decision to withdraw either by sending him the withdrawal form at the bottom of the General Terms and Conditions by cutting it out or in your package, after having duly completed it, or by sending him an email clearly and unambiguously expressing this decision and mentioning his order number to: contact@paipite.com.
The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to Païpite, to the address mentioned on the withdrawal form no later than 14 days following communication of his decision to withdraw.
Païpite strongly advises its Customers to return products by Colissimo or Lettre Max. The Customer also has the option of choosing the carrier of their choice. It is therefore recommended to keep proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means providing a specific date.
Païpite must reimburse the Customer, including delivery costs, no later than 14 days from the date on which Païpite actually collected the Product or from the date on which the Customer provided proof of shipment of the Product.
Refunds will be made by bank transfer to the card used to pay the original invoice. Returned products cannot be replaced or exchanged. A new order will need to be placed online.
Regarding returns of personalized products: Article L 121-20-2 of the French Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective or non-compliant).
10. EFFECT OF THE CONTRACT
The contract takes effect from the moment it is concluded and cannot be terminated unilaterally by either party, unless the Customer exercises his right of withdrawal under the conditions set out in Articles L 221-18 et seq. of the Consumer Code.
11. INTELLECTUAL PROPERTY
The Customer acknowledges that Païpite's Products and distinctive signs (image, photographs and composition of photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Païpite, particularly under intellectual property law, for the entire duration of protection of these rights and for the entire world.
Certain Products have been registered as designs and are automatically protected by copyright.
The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, trade secrets, techniques or know-how used by Païpite, as well as any act tending to the appropriation of these elements, whether or not they are protected by Païpite by a trademark, design or copyright.
Consequently, any reproduction not authorized by Païpite will be subject to infringement and may lead to legal action.
12. PROCESSING OF PERSONAL DATA
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
The T&Cs are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, their consequences and their follow-up, will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
Withdrawal form (to be cut out)
(Please complete and return this form only if you wish to exercise your right of withdrawal regarding an order)
For the attention of Païpite – ........ 75003 Paris
I hereby notify you of my withdrawal from the contract for the sale of the Product below: …………………………………………………………
Ordered on(*)/received on(*): …………………………………………………………
Customer Name: ………………………………………………………………………………………………………………………………….
Customer Address: ……………………………………………………………………………….………………………
Customer Signature (only if this form is notified on paper):…………………………………………………………………………………………………………………………………………………………………………………………..
Date : …………………………………………………………………………………………………………………………………………………………………