Terms and conditions

ARTICLE 1: PURPOSE

These general conditions of sale (hereinafter the "GCS") specify the rights and obligations of the Internet user (hereinafter the "Customer") and the Company described in Article 2 below, in the context of product sales made on the website www.poiray.com (hereinafter the "Site") . The contract, drawn up in the event of an actual order, is subject to the regulations governing distance selling, as they result in particular from the French Consumer Code, as well as the special provisions set out below, it being specified that the protective provisions of the Consumer Code set out in the GTC apply to consumers, as defined by the Preliminary Article of the Consumer Code. By placing an order on the Site and accepting these GTC, the Customer declares:

- To have the legal capacity to enter into this contract, i.e. to be of legal age and not to be under guardianship or curatorship, or

- To have the legal capacity to enter into this contract, i.e. to be of legal age and not to be under guardianship or curatorship.

ARTICLE 2: IDENTIFICATION OF THE OFFEROR

To place an order on the Site as a consumer, for private and non-professional purposes.

The unreserved acceptance of these GST will consist, for the Customer, in ticking the box provided for this purpose.

The GCS are made available to Customers on the Site where they can be consulted directly in the "General Terms and Conditions of Sale" tab.

These GCS alone govern the relationship between the Company described in article 2 below and the Customer placing an order on the Site, to the exclusion of any other document.

The applicable GCS are those in force on the day the order is placed, as shown on the Site, and brought to the Customer's attention before the order is validated. From one order to the next, the Company invites the Customer to reread carefully the GTCs appearing on the Site, the dates of update being indicated.

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ARTICLE 3 : PRODUCTS

The products offered for sale are those appearing on the Site on the day the Customer consults the Site.

The products comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection.

The products offered for sale on the Site are presented with a photograph and their price. By clicking on a product the Customer accesses a description of the product mentioning the essential characteristics within the meaning of Article L111-1 of the Consumer Code (in particular the materials) as well as any advice on use and/or maintenance.

For certain products the Customer may choose the size (for example for certain rings), it being understood that the price of the product may possibly vary according to the choices made by the Customer. Where applicable, the applicable price will be that displayed on the Site once the size has been selected by the Customer.

Products are offered and delivered while stocks last.

Some products made by our workshops are designed in limited quantities.

Due to a possible mismatch between the stocks in the workshops and the matrix on the Site, it may happen that a product added by the Customer to their basket is mistakenly displayed on the Site as available, when this is no longer the case. In this case, the Customer will be informed and the Company will cancel the order and refund the sums paid as soon as possible at the Customer's request.

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ARTICLE 4 : PRICES

Product prices are shown in euros, and the applicable selling price is that displayed on the Site on the day the order is placed.

Prices are shown inclusive of all taxes, excluding delivery charges or carriage costs, which may be applied in consideration of the conditions set out in article 5 of these GTS, and which will be brought to the Customer's attention prior to final validation of the order.

Whatever the delivery method chosen by the Customer, the total amount due is indicated on the order confirmation page.

ARTICLE 5 : DELIVERY AND SHIPPING COSTS

The prices of the products displayed are indicated in euros and the applicable selling price is that displayed on the Site on the day the order is placed.

The prices are displayed inclusive of all taxes, excluding delivery charges or carriage costs which may be applied in consideration of the conditions set out in article 5 of these GTCs and which will be brought to the Customer's attention prior to the final validation of his/her order.

Whatever the delivery method chosen by the Customer, the total amount owed by the Customer is indicated on the order confirmation page.

the Customer may be offered different delivery methods depending on the amount of the order and the delivery address indicated. For any delivery to a country outside the European Union or part of the DROM COM, all taxes and customs charges will be payable by the Customer. Delivery costs (excluding customs duties) are as follows:- Paris inner city only: offered by collection from the Rue de la Paix and Boulevard Saint-Germain shops.- Paris inner city only: €10 / offered by courier for purchases of €500 or more.- Metropolitan France only: offered by Colissimo recommandé and by DHL Express.- European Union: offered by DHL Express.- Outside the European Union: offered by DHL Express. In order to guarantee the security and traceability of your shipment, the House of Poiray has selected only delivery methods with delivery against signature allowing you to track your order at each stage of its routing. If you would like to track the progress of your order, click on the link sent to you by email to access your tracking portal.

For any further information, you can contact our customer service department by email contact@poiray.com and by telephone at 01 42 97 99 16, Monday to Thursday (excluding public holidays), from 10am to 6pm and Friday (excluding public holidays), from 10am to 5.30pm.

ARTICLE 6 : ORDERS

To place an order, the Customer must consult the details of the products they wish to purchase, check that they are suitable and, depending on the products, modify the size, colour or other characteristic if applicable proposed, it being understood that the price of the product may vary according to the choices made by the Customer.

After adding their items to the basket and validating it, the Customer will be redirected to the instant order form, through which the Customer must provide the Company with their contact details, delivery address.

The Customer will then have to select the desired delivery method from those offered, take note of the delivery times and delivery charges.

After checking the content of their order, as well as its total cost, and correcting any errors by returning to the previous pages, the Customer will:

- Select a payment method,

- Indicate their billing address if it is different from their delivery address,

- Take note of these GCS and accept them by ticking the box provided for this purpose,

-.Will definitively confirm his order at the payment stage. This step and the acceptance of these GTCS will constitute the conclusion of the contract subject to the effective payment of the order by the Customer. The order is final only when the Company has received confirmation of the payment of the price by the Customer. Any modification of the order by the Customer after confirmation of his order is subject to the acceptance of the Company. Once the contract is concluded, the Company will transmit to the Client, by e-mail, a receipt of his order containing a summary of the information entered on the order form.A purchase invoice will be sent to the Customer in his package containing the purchased products.The Company may refuse any order for legitimate reasons and more especially if the quantities of products ordered are abnormally high for Customers having the quality of consumer.The Customer accepts that the GTCS and the order confirmation are provided to him on durable medium, by e-mail. The information stated by the Customer when placing an order commits the latter: in case of error, the Company cannot be held responsible.

ARTICLE 7: MEANS OF PAYMENT

For payment of the price of the products, the Customer will follow the terms and conditions indicated on the order form.

The Customer has the option of paying for purchases by payment card as well as by bank transfer, AMEX or PAYPAL. The payment cards accepted are: CB, MasterCard®, Visa®, American Express®.

In the event of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general terms and conditions of PAYPAL, which is solely responsible for processing the personal data relating to the means of payment entered by the Customer.

Payment by bank transfer is only made for special orders and is not available on the Site. In this case, the Customer will receive an email giving him the Company's bank details and inviting him to proceed with the transfer corresponding to the payment of his order within ten (10) working days from the validation of his order. An email will be sent to the Customer within 8 days if the expected sum has still not been received in the Company's bank account. The order is not final until the Company has received confirmation of payment of the price by the Client. The order may be cancelled by the Company if the Client has not made the bank transfer within the specified period.

In the case of payment by payment card, the Client must provide his/her payment card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the payment card).

The Customer guarantees the Company that he/she is the legitimate holder of any right enabling him/her to use the payment card.

The financial information will be transferred by means of an encrypted protocol to the banks providing the services linked to remote electronic payment, without third parties being able to access it under any circumstances.

ARTICLE 8 : DELIVERY TIMES

8.1 Dispatch times

Any order placed on the Site will generally be processed and dispatched within 48 hours of receipt of payment (excluding weekends and public holidays) if the product is in stock and unless otherwise indicated to the Customer prior to validation of the order. An e-mail will be sent to confirm that the order has been processed and dispatched.

The Customer's attention is drawn to the fact that dispatch times may vary from a few days - if the product is in stock - to 10 weeks depending on the period and the complexity of the parts requested.

8.2 Shipping Special orders

So-called "special" orders include the personalisation of a piece of jewellery (engraving in particular) and/or the made-to-measure production of a piece of jewellery. Any Customer wishing to make a special order is invited to contact our customer service department by email at contact@poiray.com in order to find out about the feasibility of their request, to receive a quote and to be informed of dispatch times.

In accordance with the provisions of article L.221-28-3° of the French Consumer Code, products corresponding to these special orders do not benefit from the right of withdrawal detailed in article 8 of these GCS and may not be returned, exchanged or refunded.

8.4 Maximum delivery time and possible delays Products ordered will be delivered within a maximum of 30 working days (excluding weekends) from the date the order is placed (this period includes shipping and delivery costs). If the product ordered is not delivered within the maximum period mentioned above, the Customer may, after having unsuccessfully enjoined the Company to fulfil its delivery obligation within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt sent to the Company's registered office or by e-mail sent to the address a href="mailto:contact@poiray.com">contact@poiray.com, specifying the order number concerned. In such a case, the Customer will be reimbursed all sums paid, at the latest within fourteen days of the date on which he/she requested the cancellation of his/her order. If no one is present to receive the order at the address indicated: Delivery will be made to the delivery address indicated by the Customer when placing the order on the Site. If delivery cannot be made due to an error in the recipient's name when the order was placed, the Company cannot be held responsible and the order cannot be reimbursed.8.5 Reservations

In the event of damage, the Customer must express his reservations precisely and clearly on the delivery note, a copy of which is sent to the Company by the Post Office or the carrier. In this respect, it is the Customer's responsibility to check the contents, conformity and condition of the product upon delivery. This verification is deemed to have been carried out once the Customer, or a person duly authorized by the Customer, has signed the delivery note presented by the receiver of La Poste or by the carrier.

Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation. If the product does not conform to the order, the Customer must send a complaint to the Company in order to obtain the replacement of the product or the cancellation of the sale to the following address: contact@poiray.com within a maximum period of 48 hours following receipt of the order. The product delivered to the Customer by a carrier chosen by him, travels at the Customer's own risk, whereas the product delivered to the Customer chosen by the Company, travels at the latter's own risk.

ARTICLE 9 : RIGHT OF WITHDRAWAL

The Company is liable for any lack of conformity of the product under the terms of article L.217-3 et seq. of the French Consumer Code, and for any hidden defects in the item sold under the terms of article 1641 et seq. of the French Civil Code. Any claim under the legal warranties must be sent by the Customer by registered letter to the Company's head office, as mentioned above. The consumer has a period of two years from the date of delivery of the goods to obtain the implementation of the legal warranty of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance. Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply.

ARTICLE 10: GUARANTEES

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good. The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if : 1° The professional refuses to repair or replace the good; 2° The repair or replacement of the good takes place after a period of thirty days; 3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good; 4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity; The consumer is also entitled to a reduction in the price of the good or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are immobilized for repair or replacement suspends the warranty that was in force until delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006069565&idArticle=LEGIARTI000032221791&dateTexte=&categorieLien=cid" title="Code de la consommation - art. L241-5 article L.241-5 of the French Consumer Code. Consumers also benefit from the legal warranty against hidden defects, which applies for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good. The consumer is not entitled to rescind the sale if the lack of conformity is minor. Any period during which the goods are immobilized for repair or replacement suspends the warranty that was in force until delivery of the repaired goods. The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code. Any seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006069565&idArticle=LEGIARTI000032221791&dateTexte=&categorieLien=cid" title="Code de la consommation - art. L241-5 article L.241-5 of the French Consumer Code. The consumer also benefits from the legal warranty against hidden defects, which applies for a period of two years from the discovery of the defect. This warranty entitles the customer to a price reduction if the goods are kept, or to a full refund in exchange for the return of the goods. For any further information concerning legal warranties, the Customer may contact the Company by post, e-mail or telephone using the contact details given above. In the event of confirmation by the Company of acceptance of the product under the legal warranty giving rise to repair or replacement of the non-conforming product, the Customer must return the product to the Company for compliance by post via a carrier chosen by the Customer, said return to be made and paid for by the parties in accordance with the provisions of articles L.217-4 et seq., D.217-1, L.241-6 et seq. of the French Consumer Code. In this respect, the Company will be obliged to reimburse the Customer for the cost of shipping the product to bring it into conformity within fourteen days at the latest from the date on which the Customer is informed that the product has been taken over under the legal warranty. The amount due is automatically increased by 10% if reimbursement is made no later than fourteen days after this deadline, by 20% up to thirty days and by 50% thereafter. The legal warranty of conformity and the warranty against hidden defects apply independently of any additional commercial warranty granted by the Company.

ARTICLE 11: CUSTOMER SERVICE AND MEDIATION

For any inquiries or complaints, the Customer will contact Customer Service at contact@poiray.com. Customer service is also available by phone from Monday to Thursday (10am-6pm French time) and Friday (10am-5.30pm) on +33 (0)1 42 97 99 16. The Client may also make a request for mediation under the conditions provided for in articles L.611-1 s. of the Consumer Code to AME mediation of consumption: "https://www.mediationconso-ame.com/"https://www.mediationconso- ame.com/. AME conso – 197, boulevard Saint-Germain 75007 Paris.= In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and EU professionals. This platform is accessible at the following link:
https://webgate.ec.europa.eu/o

ARTICLE 12: INTELLECTUAL PROPERTY

The Site is the property of the Company. It is protected by international copyright laws and treaties, as well as by other international intellectual property laws and treaties. All rights relating to the Site and to the overall concept of the Company's activity, to their original and innovative character, in particular intellectual property rights on texts, literary, artistic, graphic (including photographs) and audiovisual creations, computer developments, HTML developments and other works of the mind and, more generally, all creations likely to be protected by intellectual property law, such as images, logos, layout, graphic charter, structure, ergonomics, color codes, typography, fonts, basic graphic elements, graphic organization of screens, page layout, page backgrounds, visual identity of the Site, belong to the Company or are regularly exploited by the latter, without any limitation. The Customer undertakes not to directly or indirectly damage the Company, the Site or the Company's rights. Consequently, these GTS do not constitute a transfer of the Company's intellectual property rights, and the Customer acknowledges that he/she is not authorized to download, reproduce, represent, modify, translate and/or adapt, in whole or in part, for valuable consideration or free of charge, all or part of the Site and each of the elements comprising it, and to reproduce and/or represent such translations, adaptations and modifications, in whole or in part, for valuable consideration or free of charge, without the Company's prior written consent. Any unauthorized reproduction of the content of the Site or of the GTS constitutes an act of counterfeiting, punishable under articles L335-2 et seq. of the French Intellectual Property Code.

ARTICLE 13: PERSONAL DATA

When using and placing an order on the Site, the Internet user's personal data is collected and processed under the conditions described in the privacy policy available here (hereinafter the "Privacy Policy"). The following provisions outline the Company's main commitments to protecting the personal data of customers ordering from the Site. The Company complies with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and Regulation (EU) no. 2016/679 of the European Parliament and of the Council of April 25, 2016, known as the "RGPD" (together hereinafter referred to as the "Applicable Regulations"). 13.1 Collection and purpose. Ordering requires the provision of a certain amount of personal information concerning the Customer, namely his/her surname, first name, postal address, date of birth, telephone number and email address (the "Personal Data"). The Personal Data are necessary for the execution of the order (both for its validation and for its execution and delivery) and to enable the Company to meet its obligations. Customers who do not wish to provide this information will not be able to order on the Site. 13.2 Retention period for Personal Data. Personal Data is kept for this sole purpose and therefore only in a manner that is strictly necessary and proportional to the pursuit of the purposes identified. The Company undertakes not to use them for any other purpose. Customer Personal Data is stored for a period of time appropriate to the purpose for which it is to be used. The retention period for Personal Data is specified in the Privacy Policy. 13.3 Security of Personal Data. The Company implements the appropriate technical and organizational measures to ensure the protection of Personal Data and to provide their processing with the necessary guarantees, in compliance with the requirements of the RGPD. In particular, the Company takes all useful precautions with regard to the nature of the Personal Data communicated to it and the risks presented by their processing, in order to preserve their security and in particular prevent them from being distorted, damaged, or accessed by unauthorized third parties. Payment card numbers are not stored on the Site, but on our bank's secure site. 13.4 Customer rights. In accordance with Applicable Regulations, the Customer has the right to access, rectify and delete Personal Data concerning him. In addition, he/she has the right to object to the processing of Personal Data, for reasons relating to his/her particular situation, as well as the right to request the limitation of the processing of Personal Data carried out by the Company. When the Customer's Personal Data is collected after having obtained his consent or for the purpose of performing a contract or pre-contractual measures, and is processed using an automated process, the Customer also has the right to the portability of his Personal Data. This right enables them to recover their data in a structured, commonly used and machine-readable format, and to transfer it to another data controller. In addition to the above-mentioned rights, the Customer may also exercise his right to limit the processing of his Personal Data. In this case, the Company will retain your data but will no longer be able to process it. To exercise any of these rights, simply send a request online to the following address: contact@poiray.com or by post, stating your full name, address and, if possible, your customer reference to the following address so that the Company can ensure that the request is actually made by the person concerned: Poiray International - 8 place Vendôme, 75001 PARIS. The Company undertakes to process all requests as quickly as possible. The Customer also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL). 13.5 Subcontracting. In order to carry out the order placed on the Site, the Company may call upon the services of subcontractors. To this end, it undertakes to use subcontractors presenting sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing of Personal Data meets the requirements laid down by the RGPD. Where applicable, the processing of Personal Data carried out by a processor is governed by a contract concluded between the latter and the Company and/or one of its Affiliates in compliance with Article 28 of the RGPD. In particular, the Company imposes on its subcontractors the same obligations and the same level of requirements as that to which it is subject in connection with the processing of Personal Data.

ARTICLE 14: APPLICABLE LAW / JURISDICTION

These GCS are governed by French law.

Any dispute relating to the validity, interpretation, execution or non-execution of these GCS that cannot be settled amicably shall be submitted to the competent French courts under the conditions of common law.

ARTICLE 15: MODIFICATIONS AND UPDATES

The GTC are modified regularly, notably in consideration of any changes to the Site or any legal, jurisprudential, editorial and/or technical developments. The new GCS will apply on the date of their publication on the Site and will be brought to the attention of the Customer and validated by the latter when finalizing an order on the Site.

The applicable GCS are those in force on the date of the order.

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