Terms and conditions of sales

Preamble

The Mandine company (hereinafter “Mandine”) manufactures and markets jewelry for men and women.

Mandine sells the products on its distance selling site only to end consumers. Any Order that is fraudulent or presumed to be such, will be considered by Mandine as null and void. Mandine reserves the right to limit the quantities of an item delivered to the same buyer or the same postal address. The buyer, prior to his Order, declares that the purchase of products on the Mineral Jewelry Site is not directly related to a commercial activity and is limited to strictly personal use. For the purposes of these General Terms and Conditions of Sale, the Buyer and Mandine are individually or collectively referred to as the Party or Parties.

Article 1: object

The purpose of these General Terms and Conditions of Sale (hereinafter the "GTC" or "General Terms and Conditions of Sale") is, on the one hand, to inform any potential Buyer of the terms and conditions under which the seller (hereinafter "Mandine") proceeds with the sale and delivery of the products ordered, and on the other hand, to define the rights and obligations of the Parties in the context of the sale of products by Mandine to the consumer (above and below "the Buyer"). They apply, without restriction or reservation, to all sales of products offered by Mandine on its accessible Site:

  • Via the Internet at the address mineraljoaillerie.com

Consequently, the fact for the Buyer to order a product offered for sale on the mineral jewelry site, whatever the media used, implies full acceptance of these General Conditions of Sale, of which the Buyer acknowledges having read beforehand. at his command.

Mandine reserves the right to modify these General Conditions of Sale at any time. Nevertheless, the General Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.

Article 2 – Identity of the company

Mandine, which publishes the site www.mineraljoaillerie.com, SARL with a capital of €32,050, registered with the RCS of Marseille under the number SIRET 05781845200047, and having its offices at 2 avenue Augustin Fresnel, Carnoux en Provence.

Article 3 – Formation of the contract and placing of Orders

3.1 Rates

The prices indicated on the site are expressed by default in euros all French taxes included (TTC), on the basis of the French value added tax (VAT) at 20%, excluding transport costs. The prices indicated are those in force at the time of placing the Order by the Buyer.

Given the strong dependence of the prices of the jewelry offered on the price of precious metals, mineraljoaillerie.com may modify the prices at any time and without notice. The prices displayed online may therefore vary upwards or downwards without a date being able to set a guarantee of price continuity for the products sold on the Site.

The different shipping methods are provided for below in the T&Cs and are recalled on the Site; they can be modified at any time by mineraljoaillerie.com. Also, mineral joaillerie advises any Buyer to regularly consult the T&Cs appearing on the Site.

mineral joaillerie carries out regular checks to verify that the prices charged are correct; however, some prices may be affected by an error. If mineral joaillerie finds a price error in the order, the Buyer will be informed as soon as possible. mineral joaillerie reserves the right to cancel the order of the article affected by a price error. If the order has been the subject of a payment, the Buyer will be immediately reimbursed for the amount paid.

The products remain the property of the seller until full payment of the price.

3.2 Product characteristics

3.2.1 General provisions

The Buyer can select one or more products from the different categories offered on the Mineral Jewelry Site.

The products sold are photographed and described as faithfully and accurately as possible. However, errors or omissions are possible. Also, depending on the Internet browser or screen used, the colors of the items may not correspond to the actual colors.

The products sold are those which are described and visible on the site. Product offers are valid within the limits of available stocks.

In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his Order, take note, on the Mineral Jewelry Site, of the essential characteristics of the product(s) he wishes to order. .

The products comply with the French legislation in force.

3.4 Order

Orders are exclusively received on the Internet after acceptance of these general conditions of sale. To place an order on the site www.mineraljoaillerie.com, you must be registered. During this registration, you will be assigned a username and password.

Before validating his Order, the buyer has the possibility of checking the details of his Order project and correcting any errors.

The distance selling contract is concluded from the moment the Buyer confirms his order by clicking on the “PAY” button (hereinafter and above “the Order”). He is considered to have knowingly accepted the content and conditions of the Order in question and in particular these General Terms and Conditions of Sale, the fact that his Order implies a payment obligation on his part, the prices, volumes, characteristics , quantities and delivery times of the products offered for sale and ordered by the Buyer.

Once this step has been validated, the Buyer will no longer be able to cancel his Order. The sale will be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions provided for in article 6 of these General Conditions of Sale). The Order will be confirmed to the Buyer by e-mail. Another e-mail will inform him of the day of dispatch of his order.

The data relating to the orders are kept on reliable and durable computer media. They are considered as proof of the contractual relations between the parties in the same way as any document drawn up, received or kept in writing.

Finally, mineral joaillerie reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the mineraljoaillerie.com Site, including on the occasion of previous Orders.

Article 4 – Payment

The Buyer has the option of paying for his Order on the Site under the conditions set out below. The Buyer guarantees to mineral joaillerie that he has the necessary authorizations to use the method of payment he has chosen for his Order, when registering the Order.

Any item purchased on the www.mineraljoaillerie.com site can be paid for by credit card or by the Paypal service.

Secure payment by credit card is made via the Sogecommerce platform by Société Générale. Cards with the “CB” logo and/or bearing the VISA or MasterCard brand accepted in France are accepted.

In the event of payment by credit card, the debit is made at the time of validation of the order, after confirmation by the bank issuing the card.

To reinforce the security of transactions, www.mineraljoaillerie has set up the 3D secure program.

This is a program created by the international issuers Visa (Verified By Visa) and Mastercard (Mastercard Secure Code) to enhance the security of online payments. It is based on the implementation of an additional control during an online purchase: in addition to the bank details, the buyer is invited to enter personal data allowing his bank to identify him and validate the transaction. .

Authentication methods are specific to each bank.

Article 5 – Delivery and reception

5.1 General rules

The products ordered by the Buyer in accordance with these T&Cs will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order (“Delivery Address”).

The Buyer, or the recipient can, if he wishes, modify the delivery address once the order has been confirmed, only by contacting the Mineral Joaillerie Customer Service (serviceclient@mineraljoaillerie.com), or by connecting to the link of the carrier sent by sms if the Buyer has previously sent a valid telephone number.

5.2 Characteristics of the delivery method of the mineraljoaillerie.com Site

In accordance with the provisions of Article L.121-20-3 of the Consumer Code, the delivery of the items ordered will take place no later than 30 days from the day following the order, subject to full payment of the price.

The delivery of parcels is made by post in "Colissimo followed" or "Chronopost" against signature of the recipient or any person specially authorized. This digitized signature and its reproduction are proof of delivery of the package.

Delivery Time limit Cost
France (La Poste Colissimo) 2 to 5 working days Free
European Union (La Poste Colissimo) 2 to 5 working days 25€
World (FedEx) 1 to 3 working days 25€

Article 6 – Right of withdrawal and return of products

The seller intends that those of these customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for by article L.121-1 of the Consumer Code under the best conditions.

In accordance with the provisions of Articles L121 et seq. of the Consumer Code, each user of the site has a withdrawal period of 14 days from receipt of their package to return one or more items, at their own expense and risk, without have to justify the reason. If the expiration of the deadline comes to an end on a Saturday, Sunday and public holiday, the deadline is extended until the first following working day at midnight.

6.1 Returns procedure

Items must be returned in good and due form. In the event that the returned product has been worn and does not conform to the product shipped, it will be returned to the customer.

Transport costs for returns are the responsibility of the customer (Colissimo against signature).

Products must be returned in their original packaging.

Reimbursement of returned items, at the invoice price, will be made according to the method of payment, by crediting the customer's account used to pay for the returned items. The refund is made by the seller, within thirty days of receipt of the returned products.

6.2 Late Returns

Your purchase must be returned within 14 days of receiving your order. Returns after the deadline will be refunded in the form of a credit note, in the event that the returned items have not been worn.

In the event that the returned products have been worn and/or do not conform to the products shipped, these will be returned to the customer.

6.3 Resizing service

For any request for a reduction in the size of a jewel worn, we offer the corresponding service for a price of 18 euros.

The return and delivery costs are, in this case, the responsibility of the customer.

Article 7 – Warranties

7.1 Legal guarantees

All products for sale on the Site benefit for a period of two years:

the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code)

the legal guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Buyer to return free of charge the products delivered which are defective or non-compliant.

To be able to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product.

The contractual warranties do not cover:

abnormal or non-compliant use of the products. In this respect, we invite you to carefully consult the maintenance advice,

the defects and their consequences related to the use not in conformity with the use for which the product is intended,

defects and their consequences linked to any external cause.

7.1.1 Legal guarantee of conformity

The French consumer code provides the following in terms of the legal guarantee of conformity: Article L217-4: “The seller is required to deliver goods that comply 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 him by the contract or has been carried out under his responsibility. »

Article L211-5: “To comply with the contract, the goods must:

1) Be fit for the use usually expected of a similar item 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 labelling;

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 seller's attention and which the latter has accepted. »

Article L211-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

7.1.2 Warranty against hidden defects

The French civil code provides the following in terms of warranty against hidden defects:

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.

Article 1648 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. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »

Within the framework of the legal guarantee against hidden defects, mineral joaillerie, according to the Buyer's choice, undertakes, after evaluation of the defect:

– Either to reimburse the full price of the returned product,

– Either to reimburse part of the price of the product if the Buyer decides to keep the product.

7.1.3 Disclaimer of Warranties

Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover products damaged during transport or due to misuse.

7.3 Consequence of the implementation of guarantees

Within the framework of the legal guarantee of conformity, mineral joaillerie, undertakes at the Buyer's choice:

– either to replace the product with an identical product depending on available stocks,

– or to reimburse the price of the product if the replacement of a product proves impossible.

Within the framework of the legal guarantee against hidden defects, mineral joaillerie, according to the Buyer's choice, undertakes, after evaluation of the defect:

– Either to reimburse the full price of the returned product,

– Either to reimburse part of the price of the product if the Buyer decides to keep the product.

Article 8 – Retention of title

Mineral Joaillerie retains full ownership of the products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.

Article 9 – Intellectual property

The min&ral brand, as well as the illustrations, images and logotypes appearing on the min&ral articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of Anthony Berard.

All texts, comments, works, illustrations and images reproduced on the site www.mineraljoaillerie.com are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized subject to different or even more restrictive provisions of the intellectual property code. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property without the prior authorization of the seller.

Article 10 – Signature and proof

Mineral joaillerie works to protect the personal information of its customers by ensuring a high level of security, but the Buyer also has a role to play in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not communicating his username (Buyer's e-mail address) and/or password to anyone and by changing his password regularly. As such, mineral joaillerie cannot be responsible for the disclosure of information concerning the Buyer to any individual who has used his identifier (Buyer's e-mail address) and/or his password. As such, the use of the identifier (e-mail address of the Buyer) and/or the password of the Buyer will constitute proof of his identity, and payment, upon validation of the Order, of the sums corresponding. mineral joaillerie can in no way be held responsible for the fraudulent use of this information. The provision of the bank card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums committed by the seizure of the products appearing on the Order. The computerized registers, kept in the computer systems of mineral joaillerie will be considered as proof of communications, Orders and payments made between the Parties.

Article 11 – Personal data

All information provided during your visits to www.mineraljoaillerie.com is strictly confidential.

The files are registered with the National Commission for Computing and Liberties (CNIL).

The seller undertakes not to disclose to third parties the personal information that you communicate to us. These are confidential. They will only be used by its internal services for the processing of your order and only to reinforce and personalize the communication and the product offer. This article cannot prevent the assignment or transfer of activities to a third party.

Consequently, in accordance with the Data Protection Act of January 6, 1978, you have a right of access, rectification and opposition to personal data concerning you.

To do this, simply send us an online request, indicating your surname, first name, address and, if possible, your customer reference: – by e-mail: by filling out our contact form

Article 12 – Liability

The products offered comply with the French legislation in force and the standards applicable in France. Consequently, min&ral joaillerie cannot be held liable in the event of an error or omission in any of these photographs, texts or graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the suppliers. . Of course, for any questions about the products, you can contact our customer service.

The seller cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flood, fire.

Hypertext links may refer to sites other than the wwwm.mineraljoaillerie.com site. The site disclaims all liability in the event that the content of these sites contravenes the legal and regulatory provisions in force.

Article 13 – Force majeure

The execution by the company of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. The various cases recognized by case law are considered as such. In such a fortuitous event, min&ral joaillerie will notify its customers by email within 7 days.

Article 14 – Applicable law

These general conditions of sale are subject to French law.

Any dispute that may arise from the interpretation or execution of these general conditions of sale and its consequences will be subject to the exclusive jurisdiction of the French courts.