Terms of sale
These general conditions of sale apply between the Company to Liability AVA, with a share capital of 5,000 € (FIVE THOUSAND EUROS), registered in the Nice Trade and Companies Register under the number 881682538.
Hereinafter referred to as "AVA Precious Goods" ,
Any natural person making a purchase via the Website www.avapreciousgoods.com a > - Hereinafter referred to as avapreciousgoods.com
Hereinafter referred to as " The Buyer" .
These conditions aim to define the terms of distance selling between the Company and the Buyer, from ordering, to payment and to delivery.
They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
Placing an order on the Site www.avapreciousgoods.com edited by SARL AVA unreservedly implies acceptance of the provisions of these conditions.
The contract, established in the event of an actual order, falls within the regulations of distance selling, as it results in particular from the Consumer Code, as well as the specific provisions referred to below.
The Buyer declares to be at least 18 years of age and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
The GTC are opposable to the consumer who acknowledges, by checking the box provided for this purpose, having read and accepted them before placing an order.
ARTICLE 1: CONFORMITY AND AVAILABILITY OF PRODUCTS
The products offered for sale by AVA Precious Goods are those appearing on the Site on the day of consultation of the Site by the Buyer.
On the Site are only offered for sale quality products. The Site therefore does not sell second-hand or defective products.
The products are offered for sale within the limits of available stocks.
In the event of an error in the availability of an ordered product, the Company will inform the Purchaser by e-mail as soon as possible. The Buyer will have the option of having the product replaced by another of equivalent quality and price, or of canceling the order.
The products offered for sale are described and presented with the greatest possible accuracy within the meaning of Article L. 111.1 of the Consumer Code.
AVA Precious Goods takes the greatest care to ensure that the color, pattern and presentation of the products whose photographs are displayed on the website are faithful to the original products.
However, the impression perceived by the Buyer may not accurately correspond to the product itself.
The photographs, texts, graphics illustrating the products are not contractual.
In the event of an obvious error between the characteristics of the products and their representation, AVA Precious Goods cannot be held liable. < / p>
ARTICLE 2: PRICE
The prices displayed on the Site are indicated in euros.
For countries that are members of the European Union, prices are indicated inclusive of all taxes, including VAT, excluding shipping costs and order processing costs.
If the VAT rate were to be changed, these changes could be reflected in the price of the items without the Internet user being informed beforehand.
For countries outside the EU, VAT will be automatically deducted from the sale price of each item.
Additional taxes (customs duties, local taxes, import duties, state taxes) may be applied by the customs office of the country concerned and remain the responsibility of the Customer.
AVA Precious Goods reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
ARTICLE 3: PAYMENT (SECURING PAYMENT)
Payment for the order is made at the Buyer's choice, by payment card, PAYPAL, APPLE PAY or bank transfer.
Regarding online bank card payment , only cards bearing the initials "CB", cards bearing the "VISA", " EUROCARD ”or“ MASTERCARD ”accepted in France, or cards issued within the framework of international networks, approved by the Groupe d'Intêts Economiques (GIE) Cartes Bancaires.
The validation of the order by means of the number of the bank card and the expiration date constitutes a mandate to pay the price of the said order.
The amount of the order is not debited until the products are shipped.
In the case of payment by bank transfer , the Customer has eight (8) working days from the order to transfer the agreed amount. The order will only be confirmed upon receipt of the bank transfer. A reminder will be sent to the Client within six (6) days if the expected sum has still not been received in the Company's bank account. The order may be canceled if the Customer has not made the bank transfer within the allotted time.
In the event of payment by PAYPAL , the Buyer acknowledges having read and accepted the general conditions of PAYPAL, which is solely responsible for the processing of personal data relating to the means of payment entered by the Customer.
In order to proceed with the payment due, the Purchaser must provide his bank card number, the expiration date of this accompanied, if applicable by the visual cryptogram (3-digit number appearing on the back of the bank card ).
The Buyer guarantees to the Company, when validating his order form, that he is in good standing with the issuer of the payment card.
The customer's bank details are requested for each order, as only the bank chosen by AVA Precious Goods for the realization of this financial transaction remains in possession of the aforementioned confidential information.
In the event that it is impossible to debit the sums due by the Customer, the sale made on the internet will be immediately canceled, without the Buyer being able to claim any compensation.
The financial information will be transferred by means of a cryptographic protocol, to PAYPAL or to other banks providing the services related to remote electronic payment, without third parties being able to access it under any circumstances. p >
The AVA Precious Goods online store does not allow payments in installments.
The Company uses the 3D Secure security service offered by Stripe and iZettle.
Confidential data relating to the means of payment is not accessible by the Company, but is managed directly by the security service.
ARTICLE 4: ORDER
Orders are made from the site.
To place an order, the Buyer can create an account by choosing a password or use the site as a guest without having an account.
In the event of an account creation, the Buyer will receive an email from the company AVA Precious Goods confirming his registration.
If the Buyer already has an account, he can identify himself using his password. The password is strictly personal and confidential. Buyers must not share it with Third Parties.
The Buyer may select the products chosen subject to their availability and the desired quantity.
To add a product to his basket, the Buyer must:
- Choose the product, size and number you want
- Click on the "add to cart" button
Each new addition to the basket will be mentioned on the Site by the appearance of the number of items in the basket.
At any time, the Buyer can consult the summary of the selected product (s) found in his basket, continue the selection by continuing his purchases or finalize his order by proceeding to the payment of this one.
Any order constitutes express and irrevocable acceptance, by the Purchaser, of the prices and descriptions of the products available for sale, as well as of these conditions.
After validation of the order, the Company sends the Purchaser a confirmation e-mail to the e-mail indicated during the order.
Upon acceptance of the order by the Company, the Buyer agrees to pay the Company the full payment.
Otherwise, the order will not be processed.
ARTICLE 5: RETENTION OF OWNERSHIP CLAUSE
The Company retains ownership of the products until full payment is made by the Buyer. The transfer of ownership of the creations to the Buyer takes place at the time of full payment of the price.
ARTICLE 6: DELIVERY
The products ordered are sent to the delivery address indicated by the Buyer when placing the order.
AVA Precious Goods will ship the order to the name and address registered in the " delivery address em> ”.
It is the Buyer's responsibility to verify the correctness of the address.
It is up to each Buyer not to order products that may be prohibited for import into his country.
If this is the case, AVA Precious Goods cannot be held responsible for the rejection of the delivery by the destination authorities.
AVA Precious Goods reserves the right to split deliveries. The products ordered are delivered by the postal circuit or by an independent carrier, depending on the nature of the products ordered and at the exclusive initiative of the Company.
It is the Buyer's responsibility to make any usual reservations before taking delivery.
AVA Precious Goods reserves the right to have the goods transported as best as possible, without it incurring any liability whatsoever.
AVA Precious Goods jewelry is produced in very limited quantities.
Thus, it is possible that the part desired by the Purchaser is not in stock although the words " Add to basket Is displayed on the site.
Where applicable, the Buyer will be notified and the part will be produced on special request.
The Buyer's attention is therefore drawn to the fact that shipping times may vary from a few days - if the product is in stock - to 6 weeks depending on the period and the complexity of the parts requested. p>
AVA Precious Goods strives to reduce this period as much as possible and invites the Buyer to contact it in order to know the real time availability of its products. < / p>
Delivery is available for all countries.
The site ships throughout the European Union as well as the rest of the world.
The delivery time depends on the delivery address.
Any possible delay related to customs clearance of the exported goods is not the responsibility of the Company.
For deliveries by Colissimo, UPS, TNT and Fedex, an e-mail or SMS will be sent to you as soon as your package is shipped, indicating a delivery tracking number.
Delivery will be deemed to have been made upon receipt of the order by the Buyer or the recipient of his choice.
It is their responsibility to verify upon receipt that the products have not been damaged during transport and immediately notify AVA Precious Goods if this is the case.
We advise you, if the original packaging is damaged, torn or opened at the time of delivery, to check the condition of the items in the presence of the delivery person and to immediately make reservations on the delivery slip, or even to refuse the package.
It is the Buyer's responsibility to determine whether their package has been tampered with or damaged.
We advise you to systematically check the contents of the package in the presence of the carrier, in order to check the condition of the items, even if your package does not show any signs of damage.
If they have been damaged or stolen, you must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The responsibility of AVA Precious Goods cannot be engaged if the Customer has not made a reservation.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier's computer system or the signing of the receipt as proof.
In the event of a delay greater than 7 days than the delivery times provided for above, if this is not due to a case of force majeure, the Purchaser may request, in accordance with article L.121 -20-3 of the consumer code referring to article L114-1 of the same code, the resolution of the sale and the reimbursement of the sums paid. (Except custom order)
The order will be reimbursed within the following 15 working days.
ARTICLE 7: AVAILABILITY
In case of unavailability of the ordered product, the Company will inform the Purchaser by sending an e-mail to the e-mail address indicated during the order.
The Buyer then has the option of either delivering a product of equivalent quality and price, within the limit of available stocks, or of being reimbursed for the price of the order within thirty days of the payment of the order.
The costs of delivering the new product are borne by the Company.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURN
In accordance with the provisions of Articles L221-18 et seq. of the Consumer Code, the Buyer has a period of fourteen (14) clear days, from receipt of the products or from the acceptance of the offer for the provision of services, to exercise the right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs.
If the period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
If the order concerns several products, the withdrawal period starts from the reception of the first product.
In the event of exercise of the right of withdrawal, the Company will reimburse the Purchaser for all sums paid, as soon as possible and at the latest within thirty days following the date on which this right was exercised.
Warning in case of personalized order
According to Article L 121-20-2 of the Consumer Code, the right of withdrawal provided for in the event of distance selling cannot be exercised (unless the parties have agreed otherwise after exchanging messages by email) for contracts for the supply of goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be returned or are liable to deteriorate or expire quickly.
The Buyer's attention is therefore drawn to the fact that the right of withdrawal does not apply to sales of personalized products at his request, except in the event of a major defect in the support.
Exercise of the Right of Withdrawal
To exercise the right of withdrawal, the Buyer must return the withdrawal form reproduced below or a written declaration expressing unambiguously his desire to withdraw to AVA, by e-mail: email@example.com p >
I hereby notify my withdrawal from the contract for the sale of the property for the provision of the service below:
- Article - reference: ……………………………………………………………
- Order number: ………………………………………………… ...
- Name of Buyer: ………………………………………………………….
- Buyer's address: ………………………………………………………
The Buyer must return the product within fourteen (14) days of notification of its withdrawal to the following address, the return costs being the responsibility of the Buyer:
AVA PRECIOUS GOODS
37 Avenue Sainte Colette
06100 - NICE
The return being made at the risk of the Purchaser, AVA Precious Goods suggests that the Purchaser make the return of its products by registered mail or provided with additional insurance, guaranteeing, where applicable, compensation for the products up to their actual market value in the event of theft or loss of this merchandise. It will be the Buyer's responsibility to keep any proof of return.
Jewelry that has not been worn can be returned and exchanged for a voucher on our site or be exchanged for another product offered on our site.
The voucher will be valid for 6 months from the date of issue.
However, we will only accept the exchange if they are in perfect condition for resale (unworn, undamaged, undamaged or soiled), in their original packaging, accompanied by the certificate of authenticity. as well as the purchase invoice.
All bespoke pieces and personalization by engraving are final sales and cannot be returned or exchanged.
For more information on how to return your jewel, please write to us at: firstname.lastname@example.org
ARTICLE 9: GUARANTEES AND RESPONSIBILITY
ARTICLE 9.1: GUARANTEE CONCERNING THE PRODUCTS
9.1.1 Contractual guarantee
AVA Precious Goods does not guarantee the clothes and fashion accessories sold on the Site.
Only jewelry is subject to a contractual guarantee.
AVA Precious Goods warrants that jewelry in 9 karat 375/1000 e , 18 karat 750/1000 e < / sup> and sterling silver 925/1000 e or gold plated 3 microns according to French legislation (Guarantee) are guaranteed against their defects for a period of one (1) year from their delivery (parts and labor).
AVA Precious Goods undertakes to reimburse the Buyer or to exchange to him, at his option, the apparently defective jewelry that the Buyer has returned to him during this period.
However, this guarantee will only be granted to the Buyer if:
- The products ( not personalized ) are returned to AVA Precious Goods complete (accessories, box, instructions ...), in perfect condition and accompanied by a copy of the original order. Thus, items returned incomplete, damaged, damaged or soiled will under no circumstances be taken back.
- The defect claimed by the Buyer does not result from:
- from abnormal or improper use;
- from normal wear or aging;
- an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the jewel).
For any after-sales service request on a piece of jewelry, please send an email to the following address: email@example.com strong>
AVA Precious Goods will accompany the Buyer in his process to have his creations repaired. After examination, AVA Precious Goods will be able to communicate to the Buyer a cost and a repair time.
If the return of the goods is due to a manufacturing defect, it will be done at the expense of AVA Precious Goods .
In all other cases, the return will be made at the expense and responsibility of the Buyer.
AVA Precious Goods therefore advises the Buyer to make a return by registered mail or parcel tracking.
9.1.2 Legal guarantees
Regardless of the guarantee referred to in article 9.1.1, AVA Precious Goods remains liable for any lack of conformity of the product with the Contract and redhibitory defects under the conditions provided for in articles 1641 to 1649 of the Civil Code:
Article L. 211-4 of the Consumer Code
"The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the 'installation when this has been charged to it by the contract or has been carried out under its responsibility. ”
Article L. 211-5 of the Consumer Code
“To comply with the contract, the goods 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 presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; p >
2 ° Or have 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. 211-12 of the Consumer Code :
“Action resulting from lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code:
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them. "
Article 1648 paragraph one of the Civil Code :
“The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. "
The Company is responsible for any lack of conformity existing when the product is delivered. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation (when this has been charged to it by the contract or has been carried out under his responsibility.)
In the event of delivery of a non-compliant product or in the event of delivery of a product revealing a hidden defect, the Company undertakes either to reimburse the Purchaser for the price of the product, or to exchange the product for another identical according to available stocks, or to exchange it for a product of equivalent quality and price according to available stocks.
Action resulting from lack of conformity lapses two years after delivery of the goods.
The action resulting from fatal defects must be brought by the Purchaser within two years from the discovery of the defect.
These provisions are not exclusive of the right of withdrawal defined in article 8 hereof.
Products modified, repaired, integrated or added by the Purchaser or any other person not authorized by the supplier of said product or service are excluded from warranty.
The warranty will not apply for apparent defects.
The warranty will not cover products or services damaged in transit or misuse.
The Company cannot be held liable in the event of breach of contractual obligations due to a fortuitous event or a case of force majeure, as defined by case law.
ARTICLE 10: PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data personal character and the free movement of such data, AVA Precious Goods implements the processing of personal data which has the purpose of selling and the delivery of products and services defined in this contract.
The information collected on the Customer is subject to computer processing carried out AVA Precious Goods and is essential for the processing of its command.
This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations.
They will be kept as long as necessary for the execution of the products ordered and any guarantees that may apply at the end of these orders.
The data controller is SARL AVA, 37 avenue Sainte Colette, 06100 in NICE, France
Access to personal data will be strictly limited to employees responsible for processing, authorized to process them by virtue of their duties.
The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the Buyer's authorization being necessary.
In accordance with law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms, as amended by law n ° 2004-801 of August 6, 2004, and by European Regulation n ° 2016 / .679, the Purchaser has a right of access, rectification, erasure and portability of data concerning him, as well as the right to oppose processing for legitimate reasons, rights that he can exercise by contacting the data controller at the postal or email address mentioned above, attaching proof of his valid identity.
In the event of a complaint, the Buyer can contact the National Commission for Informatics and Liberties "CNIL"
The Buyer is informed of the following: the identity and contact details of the controller and, where applicable, of the representative of the controller: the Seller, as indicated at the top of these GTC; p>
- the contact details of the data protection officer: firstname.lastname@example.org
- the legal basis for processing: contractual performance
- the recipients or the categories of recipients of the personal data, if they exist: the data controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales , delivery and ordering, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question
- no transfer outside the EU is planned
- the data retention period: the time of the commercial prescription
- the data subject has the right to request from the data controller access to, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, or the right to oppose the processing and the right to data portability
- The data subject has the right to lodge a complaint with a supervisory authority
- the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order cannot be placed.
No automated decisions or profiling is implemented through the ordering process.
ARTICLE 11: COMPLAINTS AND MEDIATION
Where appropriate, the Buyer may submit any complaint by contacting the company using the following contact details: email@example.com < / em>
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code. / p>
In the event of failure of the complaint request to the Company's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a Consumer Mediator, who will attempt independently to bring the parties together with a view to obtaining an amicable solution.
For any further information, the Purchaser can visit the Consumer Mediation website at the following address: www.mediation-conso.fr .
ARTICLE 12: INTELLECTUAL PROPERTY
All elements of the Site are protected by copyright, trademarks or patents.
They are the exclusive property of the Company.
The use of all or part of the Site, in particular by downloads, reproductions, transmissions or representations on any media and by any process, for purposes other than for personal and private use for non-commercial purposes, is strictly prohibited. .
ARTICLE 13: APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale are executed and interpreted in accordance with French law.
In the event of a dispute, the Purchaser undertakes to contact the Company as a matter of priority in order to attempt to amicably resolve any dispute that may arise between the parties.
In the absence of conciliation, the French courts will have sole jurisdiction.
ARTICLE 14: MODIFICATIONS OF THE GENERAL CONDITIONS OF SALE
The Company reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Updated on 23/06/2020.