Terms and conditions

These general terms and conditions of sale (hereinafter the « CGV ») set out 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, established in the event of an actual order, is governed by the regulations governing distance selling, as set out in particular in the French Consumer Code, as well as by the specific 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 GTS, the Customer declares :

- that he/she has the legal capacity to enter into the present contract, i.e. that he/she has reached the age of majority and is not under guardianship or trusteeship, or

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

The Customer's unreserved acceptance of these GCS will consist in checking the box provided for this purpose.

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

To the exclusion of any other document, the present General Terms and Conditions govern the relationship between the Company described in article 2 below and the Customer placing an order on the Site.

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 GCS shown on the Site, the dates of update being indicated.

Products purchased on the Site are sold directly by Poiray International (hereinafter, the "Company"), a simplified joint stock company with a single shareholder, with capital of 7,305,182 euros, registered in the Paris Trade and Companies Register under number 794 302 422, whose registered office is located at 8 place Vendôme, 75001 Paris, and whose intra-community VAT number is: FR40794302422.

For further information, please contact: contact@poiray.com

Tel : +33 (0)1 42 97 99 16

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

The products comply with current regulations concerning personal health and safety, fair trading 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 its essential characteristics within the meaning of article L111-1 of the French Consumer Code (notably its materials), as well as any advice on use and/or maintenance.

For certain products, the Customer may choose the size (e.g. certain rings), it being understood that the price of the product may vary according to the choices made by the Customer. In this case, the applicable price will be the one displayed on the Site once the size has been selected by the Customer. 

Some of our pieces are one-offs; others may be made from natural stone.

Customers may obtain further information by telephoning the Company's Customer Service department.

Products are offered and delivered while stocks last.

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

Due to a possible discrepancy between workshop stocks and the Site matrix, it may happen that a product added by the Customer to his 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 reimburse the sums paid as soon as possible at the Customer's request.

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.

The customer may be offered different delivery methods, depending on the amount of the order and the delivery address indicated.

For deliveries to countries outside the European Union or the French overseas departments and territories (DROM COM), all taxes and customs duties will be payable by the Customer, with the exception of shipments to the United States, for which the Company will pay customs duties. .

Delivery charges (excluding customs duties) are as shown below:

• Paris intra-muros only: free of charge by collection from Rue de la Paix boutique within 4 hours for orders placed before 3pm on a working day. Otherwise, delivery will be rescheduled for the following day.

• Paris intra-muros only: €10 / Offered for orders of 500 euros or more by courier within 3 hours for orders placed before 3pm on a working day. Otherwise, delivery will be rescheduled for the following day.

• Metropolitan France only: €8 / Free for orders over 200 euros by Colissimo registered mail in 1 to 3 working days.

• Metropolitan France only: Between €4 and €12 / Free on purchases of €2,000 or more by DHL Express.

• European Union: between €11 and €25 / Free on purchases of €2,000 or more by DHL Express.

• United Kingdom: between €5 and €20 / Free on purchases of €2,000 or more by DHL Express.

• Rest of the world: between €5 and €29 / Free on purchases of €2,000 or more by DHL Express.

Any order placed on the Site can be physically collected in one of our boutiques.

To place an order, the Customer must consult the product sheet of the products he/she wishes to purchase, check that they are suitable and, depending on the products, modify the size, color or other characteristics proposed, it being understood that the price of the product may vary according to the choices made by the Customer.

After adding 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 his/her contact details, delivery address.

After checking the contents and total cost of the order, and correcting any errors by returning to the previous pages, the Customer :

- select a payment method

- indicate the billing address, if different from the delivery address

- read and accept these terms and conditions by ticking the appropriate box

- definitively confirm his order at the payment stage. This step and the acceptance of the present GTC will have the value of conclusion of the contract subject to the effective payment of the order by the Customer. The order is not final until the Company has received confirmation of payment of the price by the Customer.

Any modification of the order by the Customer after confirmation of the order is subject to acceptance by the Company. Once the contract has been concluded, the Company will send the Customer, by e-mail, an order receipt containing a summary of the information entered on the order form.

An invoice will be sent to the Customer in the parcel containing the products purchased.

The Company reserves the right to refuse any order for legitimate reasons, and more particularly if the quantities of products ordered are abnormally high for Customers who are consumers.

For payment of the product price, the customer must follow the procedures indicated on the order form.

Customers may pay by credit card, bank transfer, AMEX or PAYPAL. 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.

At the time of payment, the bank requests personal information from the Customer in order to verify the identity of the cardholder and validate the transaction. The Customer must provide his/her bank card number, depending on the type of card, its expiry date and the cryptogram number (3-digit number on the back of the bank card).

When validating the order form, the Customer guarantees the Company that he/she is in good standing with the issuer of the payment card.

Financial information will be transferred using an encrypted protocol to the banks providing remote electronic payment services, without third parties having access to it under any circumstances.

If the agreed price is not paid on the due date, the Company reserves the right to cancel the contract by registered letter with acknowledgement of receipt.

Delivery means the transfer to the Customer of physical possession or control of the product.

8.1 Delivery times

All orders placed on the Site will generally be processed and dispatched within 48 hours of receipt of payment (excluding weekends and public holidays) unless otherwise specified by us. An e-mail will be sent to confirm order processing and shipment.

The customer's attention is drawn to the fact that shipping 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. We make every effort to reduce this delay as much as possible and invite the Customer to contact our customer service department to find out about the real-time availability of the products he/she wishes to order.

8.2 Shipping Special orders

Special orders" include the personalization of a piece of jewelry (engraving in particular) and the customization of a piece of jewelry. Any customer wishing to place a special order is invited to contact our customer service department to find out about the feasibility of their request, to receive a quotation and to be informed of shipping times.

In accordance with the provisions of article L.221-28 of the French Consumer Code, products corresponding to these special orders cannot be returned, exchanged or reimbursed.

8.3 Delivery times

The product ordered is delivered to the address shown on the Customer's instant order form. The delivery address may differ from the billing address.

The delivery times specified below only run from the time the order is dispatched.

Delivery is made, according to the customer's choice, notably by one of the following transport options, without the Site undertaking to deliver by these carriers:

- La Poste (Colissimo with delivery against signature) : Delivery within 1 to 3 working days

- Courier (only for Paris Intra-muros): Delivery within 3 hours for orders placed before 3pm (French time) on a working day. Otherwise, delivery will take place the day after the order is placed. However, the delivery time may be extended in certain situations linked to an excess of activity: Christmas period, strikes, etc. ...... In such cases, the Company cannot be held responsible.

- Fedex : Delivery within 1 to 3 working days.

In the event of damage, the Customer must express his/her reservations clearly and precisely on the delivery note, a copy of which is sent to the Company by La Poste 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 as soon as 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.

Ownership of the product is transferred to the purchaser from the delivery date indicated at the time of ordering, except in cases where full payment of the price has not been received at the time of ordering.

- The risks of loss or damage to the products are transferred to the Customer at the moment when he, or a designated third party, takes physical possession of the product.

Products delivered to the Customer by a carrier chosen by the Customer travel at the Customer's risk, whereas products delivered to the Customer by a carrier chosen by the Company travel at the Company's risk.

If the product ordered is not delivered on the date or at the end of the period mentioned on the order, the Customer may, after having unsuccessfully enjoined the Vendor to fulfil his obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt, or in writing on any durable medium.

In accordance with the provisions of articles L.221-18 et seq. of the French Consumer Code, the customer has a period of fourteen (14) days in which to withdraw from his or her purchase, without having to give any reason whatsoever.

The fourteen (14) day period runs :

-from the day on which the Customer or a third party, other than the carrier, designated by the Customer receives the item ordered,

- or, in the case of an order for several items delivered separately, from the day on which the Customer, or a third party designated by the Customer who is not the carrier, has received the last item.

The Customer must notify the Company by filling in the withdrawal form (available below), or by sending an unambiguous statement expressing his/her wish to withdraw and bearing all the details on the withdrawal form below, by :

- E-mail to contact@poiray.com; or by

- Postal mail sent to POIRAY INTERNATIONAL - E-Shop - 8 place Vendôme, 75001 Paris (date as postmark).

CANCELLATION FORM

(Please complete and return this form only if you wish to withdraw from the contract).

For the attention of POIRAY INTERNATIONAL –
E-Shop – 8 place Vendôme, 75001 Paris / contact@poiray.com

- I/We [*] hereby notify you [*] of my/our [*] withdrawal from the contract for the sale of the goods [*]/provision of the services [*] listed below

- Article___[référence]_____________

- Ordered on [*]/received on [*] : ______________

- Name of consumer(s) : ______________

- Address of customer(s) : ______________

- Signature of consumer(s) (only in case of notification of this form on paper)

- Date

[*] Delete as appropriate.

The Customer must return the product concerned within fourteen (14) days of notification of withdrawal to the following address: POIRAY INTERNATIONAL - E-Shop - 8 place Vendôme, 75001 Paris - return costs to be borne by the Customer.

Products must be returned in their original packaging, unopened, unsealed, intact and ready to be put back on the market. They must not have been worn, used, modified, washed or damaged.

After receipt and quality control of the products returned by the Customer, the Company will send a confirmation e-mail to the Customer and will proceed - within fourteen (14) working days from the date on which the Customer has returned the products concerned to the Company, according to the Customer's wishes :

- reimbursement of payments received and delivery charges, unless the Customer exercises his/her right of withdrawal on only part of the products ordered as part of a global order.

- reimbursement in the form of a credit note for the amount of the products, valid for 6 months on the www.poiray.com website.

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 the standard one, the additional costs invoiced will not be reimbursed.

The Company will make this refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.

The Company will send an e-mail to the Customer confirming that the order has been refunded.

In accordance with the provisions of article L.221-28 of the French Consumer Code, the following, in particular, are not subject to the right of withdrawal:

Any online purchase by the Customer may also be exchanged for a product of equal or greater value (subject in this case to payment by the Customer of the price difference), in one of the Company's four boutiques, located respectively at 17 rue de la Paix 75002 Paris, 70 rue du Faubourg Saint-Honoré 75008 Paris, 93 rue de Passy 75016 Paris and 184 Boulevard Saint-Germain 75006, Paris.

However, we will only accept the exchange and refund of jewelry if all 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 custom-made.

3) The product must be returned in its original packaging, accompanied by the purchase invoice.

No reimbursement will be made to customers who have not exercised their right of withdrawal in accordance with the conditions set out in this article.

The Company is liable for product conformity defects under the conditions of article L.217-3 et seq. of the French Consumer Code, and for hidden defects in the item sold under the conditions set out in articles 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.

For any queries or complaints, the Customer should contact Customer Services at the following address: contact@poiray.com

Customer service can also be contacted by telephone from Monday to Friday (10am-6pm, French time) on +33 (0)1 42 97 99 16.

The customer may also submit a request for mediation under the conditions laid down in Articles L.611-1 et seq. of the French Consumer Code to AME médiation de la consommation: 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 professionals in the European Union. This platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/.

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, 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 infringe the Company, the Site, or the Company's rights.

Accordingly, these GTC shall not constitute a transfer of the Company's intellectual property rights and the Customer acknowledges that it is not authorized to download reproduce, represent, modify, translate and/or adapt, partially or totally, for valuable consideration or free of charge, all or part of the Site and as well as each of the elements composing it, and reproduce and/or represent such translations, adaptations and modifications, partially or totally, for valuable consideration or free of charge, without the prior written consent of the Company.

Any unauthorized reproduction of the content of the site or of the GTC constitutes an act of counterfeiting, punishable under articles L335-2 et seq. of the French Intellectual Property Code.

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 describe the Company's main commitments with regard to the protection of the personal data of customers placing orders on the Site.

The Company complies with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, 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 e-mail 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 fulfill 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 stored solely for this purpose, and therefore for a period that is strictly necessary and proportional to the identified purposes. The Company undertakes not to use it for any other purpose.

Customer Personal Data is kept 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 provide the necessary guarantees for their processing, in accordance 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/her.

In addition, they have the right to object to the processing of Personal Data, for reasons relating to their 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 check that the request has actually been 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 orders 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 subcontractor 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.

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.

The General Terms and Conditions of Sale are modified regularly, in particular 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 at the date of the order.