CGV - Everysis
I. GENERAL TERMS AND CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
In accordance with article 6 of the Law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, it is specified in this article the identity of the various speakers within the framework of its realization and its follow-up.
The Everysis site is edited by :
Manon Pouillot, whose registered office is located at the following address: 5 rue de l'omnibus, 44450 St julien de concelles, and registered at 84440843500023.
Email address : contact@everysis.com
The director of publication of the site is : Manon POUILLOT
ARTICLE 2. PRESENTATION OF THE SITE
The site Everysis has for object the on-line sale of jewels.
ARTICLE 3. CONTACT
For any question or request for information concerning the site, or any report of contents or illicit activities, the user can contact the editor at the following e-mail address: contact@everysis.com or address a registered letter with acknowledgement of receipt to : Manon POUILLOT - 5 rue de l'omnibus, 44450 St julien de concelles.
ARTICLE 4. ACCEPTANCE OF THE CONDITIONS OF USE
The access and the use of the site are subjected to the acceptance and the respect of the present General Conditions of Use.
The editor reserves the right to modify, at any time and without notice, the site and services as well as the present GTU, in particular to adapt to the evolutions of the site by the provision of new functionalities or the suppression or the modification of existing functionalities.
The user is therefore advised to refer to the latest version of the GTU before any browsing, accessible at any time on the site. In case of disagreement with the GTU, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
Access to the site and its use are reserved to adults. The publisher will be entitled to ask for a proof of age of the user, and this by any means.
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. Nevertheless, the publisher may at any time suspend, limit or interrupt access to the site or to certain pages of the site in order to proceed with updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
These GCU apply, as necessary, to any variation or extension of the site on existing or future social networks and/or community.
ARTICLE 6. SITE MANAGEMENT
For the good management of the site, the editor can at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet user.
Delete any information that may disrupt the operation of the site or that may contravene national or international laws, or the rules of Netiquette.
To suspend the site in order to proceed to updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
1. REGISTRATION
Access to certain services, and in particular to all paid services, is conditional on the user's registration.
Registration and access to the services of the site are reserved exclusively for natural persons of legal age who have completed and validated the registration form available online on the Everysis site, as well as the present GCU.
At the time of his registration, the user commits himself providing exact, sincere and up to date information on his person and his civil status. The user will have moreover to proceed to a regular verification of the data concerning him in order to preserve the exactitude of it.
The user must provide a valid e-mail address, on which the site will send him a confirmation of his registration to its services. An e-mail address cannot be used more than once to register for the Services.
Any communication made by Everysis and its partners is consequently deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to reply within a reasonable time if necessary.
Only one registration to the services of the site is allowed per physical person.
The user will be given a login enabling him/her to access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The user ID and password can be changed online by the user in his or her Personal Space. The password is personal and confidential, the user thus commits himself not to communicate it to third parties.
Everysis reserves in any case the possibility to refuse a request for registration to the services in case of non-respect by the user of the provisions of the present General Conditions of Use.
2. UNSUBSCRIPTION
The regularly registered user may at any time request to unsubscribe by going to the dedicated page in his or her Personal Area. Any unsubscription from the site will be effective immediately after the user has filled in the form provided for this purpose.
ARTICLE 8. RESPONSIBILITIES
The editor is only responsible for the content that he himself has published.
The editor is not responsible:
In case of technical problems or failures, computer or compatibility of the site with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
The intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;
Moreover, the site cannot guarantee the accuracy, completeness and timeliness of the information published on it.
The user is responsible :
Of the protection of his material and his data;
The use of the site or its services;
If he does not respect the letter or the spirit of the present GTU.
ARTICLE 9. HYPERTEXT LINKS
The site can contain hypertext links pointing towards other Internet sites on which Everysis does not exert any control. In spite of the preliminary and regular checks carried out by the editor, this one declines any responsibility as for the contents which it is possible to find on these sites.
The editor authorizes the setting up of hypertext links to any page or document of its site provided that the setting up of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the publisher of the site is necessary before any hypertext link is set up.
Are excluded from this authorization the sites diffusing information with illicit, violent, polemic, pornographic, xenophobe character or being able to attack the sensitivity of the greatest number.
Finally, Everysis reserves the right to remove at any time a hypertext link pointing towards its site, if the site considers it not in conformity with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to the present General Conditions, the site has a confidentiality policy which describes the way in which personal data are treated when the user visits the site, as well as the way in which cookies are used.
By browsing the Site, the User declares that he/she has also read the aforementioned privacy policy.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that make it up are the property of the editor and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the site, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be likely to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code. And this, with the exception of the elements expressly designated as free of rights on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to an element of the site, which remain the exclusive property of the editor.
The user is prohibited from introducing data to the site that would modify or be likely to modify its content or appearance.
II. GENERAL TERMS AND CONDITIONS OF SALE
PREAMBLE
The site is published by the salesman Manon POUILLOT, whose registered office is located 5 rue de l'omnibus, 44450 St julien de concelles.
The salesman is not subjected to the VAT under the terms of the article 293 B of the CGI.
The following provisions have for object to define the general conditions of sale on the Everysis.com site.
The present general conditions of sale (hereafter "GCS") define the contractual rights and obligations of the salesman and his customer within the framework of a remote and electronic sale of goods and products.
The GTC shall exclusively govern the relationship between the seller and the customer.
The GTC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
In case of doubt about any of the terms and conditions of sale, the practices in force in the sector of distance selling by companies whose registered office is in France and the Consumer Code shall apply.
The seller reserves the right to modify the GTC from time to time. The modifications will be applicable as of their setting on line.
ARTICLE 1. CATALOG OR ONLINE STORE
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the salesman could not be committed of this fact.
The products are offered within the limits of available stocks.
The prices and taxes related to the sale of products are specified in the catalog or the online store.
ARTICLE 2. PRICES
Only the prices in force at the time of the order will apply, subject to availability of the products at this date.
The prices are indicated in euros (excluding taxes and including all taxes) and do not take into account the delivery costs, which are charged in addition. The delivery costs are indicated before the validation of the order by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of products.
The total amount of the order (including all taxes) and delivery charges is indicated before final validation of the order form.
The payment of the totality of the price must be carried out at the time of the order.
ARTICLE 3. ONLINE ORDER
The customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the customer accepts the price and the description of the products.
The customer will have to accept by clicking on the indicated place, the present general conditions of sale, for his order to be validated.
The customer will have to give a valid e-mail address and a valid delivery address and recognizes by the present general conditions of sale that any exchange with the salesman can intervene by means of this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with a payment obligation, which means that the placing of the order implies a payment by the customer.
1. PAYMENT
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as to the due date of the sums due under the order.
In case of dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person can dispute within 70 days from the date of the transaction by sending a claim according to the following modalities, so that the seller takes charge of the costs of the sale and returns the disputed amount:
contact@everysis.com
Any dispute not made in the rules defined above and within the time limits set will not be taken into account and will release the seller from any responsibility.
The seller has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not paid in full or in part a previous order or with whom a payment dispute is pending.
2. CONFIRMATION
Upon receipt of the validation of the purchase and the payment by the customer, the seller will send to the customer, on the e-mail address he has specified, confirmation of receipt of the order form and a copy of the contract to be printed.
The seller is obliged to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In case of unavailability of a product, the seller will inform the customer by e-mail as soon as possible in order to cancel the order of this product and refund the related price, the rest of the order remaining firm and definitive.
The customer can always exercise his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product was sent to him.
For any question relating to the follow-up of an order, the customer will be able to contact the customer service to the following coordinates:
contact@everysis.com
ARTICLE 5. ELECTRONIC SIGNATURE
The online provision of the buyer's credit card number and the final validation of the order are proof of the customer's agreement, of the payability of the sums due under the purchase order, and of the signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF THE TRANSACTION
The communications, orders and payments made between the customer and the seller can be proven thanks to the computerized registers, kept in the computer systems of the seller in reasonable security conditions. The purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All the payment methods available to the customer are listed on the seller's website. The customer guarantees to the salesman that he has the authorizations possibly necessary to use the method of payment chosen by him, at the time of the placing of order.
ARTICLE 8. DELIVERY
The delivery is made only after confirmation of the payment by the banking organization of the salesman.
The products are delivered to the address indicated by the customer on the form on line being worth order form, the customer having to take care of its exactitude.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Except in case of force majeure, the delivery intervenes, according to the mode chosen by the customer, within the following times:
Standard delivery from 2 to 5 working days.
1. DELAY OF DELIVERY AND DENUNCIATION
In the event of a delay in delivery, the seller will inform the customer, who may cancel the contract and request a refund within 14 days of this cancellation.
The total reimbursement of the product and the delivery costs, or reshipment if necessary, is then made.
This denunciation of the contract must be addressed according to the following modalities: sending an email to contact@everysis.com
Any denunciation not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
2. VERIFICATION OF THE ORDER
If at the time of delivery, the original packaging is damaged, torn, opened, the customer must then check the condition of the products. If they were damaged, the purchaser must refuse the parcel and note a reserve on the delivery order.
The customer must indicate on the delivery form, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery note.
The customer will have, if necessary, to inform the salesman of his reserves according to the following methods: sending to contact@everysis.com
Any reserve not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the customer.
3. DELIVERY ERROR
In case of error of delivery and/or non-conformity of the products compared to the indications appearing on the purchase order, the customer formulates his complaint near the salesman the same day of the delivery or at the latest the first working day following the delivery.
The complaint can be made according to the following modalities: sending an e-mail to contact@everysis.com
Any complaint not made in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
4. RETURN OF ORDER
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following terms and conditions:
Personalized jewelry is not refundable or exchangeable unless the product is damaged during transport.
For the others, they must be sent back within 14 days of the shipment by Everysis in order to be refunded.
Any complaint or return not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The expenses of return are the responsibility of the customer.
ARTICLE 9. GUARANTEES OF THE PRODUCTS
The seller guarantees the conformity of the products to the contract.
The customer can formulate a request under the legal guarantee of conformity or under the guarantee.
It is indicated to the customer that the salesman is not the producer of the totality of the presented products.
1. GUARANTEE OF CONFORMITY
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he can choose between repair or replacement of the good.
The customer is not required to prove the existence of a lack of conformity, within 6 months (24 months as of March 18, 2016, except for used goods) following the date of delivery of the product.
2. WARRANTY OF DEFECTS
The customer, if it implements the guarantee of defects, will be able to choose between the resolution of the sale or a reduction of the price.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND
In case of unavailability of an ordered product, the customer will be informed by e-mail.
The customer will have the possibility of cancelling his order and will thus have the choice between the refunding of the sums by him paid in the 30 days at the latest of their payment, or with the exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can make use of his right of retraction and return of the product within 14 working days following the delivery.
The customer will assert his right of withdrawal by contacting the customer service: contact@everysis.com.
After having communicated his decision to retract, the customer has 14 days to return or restitute the goods.
Any retraction or return not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the customer.
The customer will be able to ask for the exchange or the refunding of the returned product, without penalty, except for the expenses of return which remain with its load.
The return or exchange of the product will only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in saleable condition.
Some products, because of their intrinsic quality, will not be subject to the right of withdrawal and will not be refunded, including products :
- any custom-made product;
- any product that cannot by nature be returned;
- any perishable product;
- any video product;
- any press product.
- The seller shall reimburse the customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of shipment of these goods.
ARTICLE 12. MAJOR FORCE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code, would prevent their execution. The obligations of the parties shall be suspended.
Are considered as cases of force majeure all facts or circumstances irresistible and unforeseeable, unavoidable and which could not be prevented by the latter, despite all efforts reasonably possible, defined as such by French jurisprudence and in particular, the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunication networks.
If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is installed in France in a stable and durable way to effectively carry out its activity, whatever the place of establishment of its head office, in the case of a legal entity.
Therefore, the present GTC are subject to the application of French law, excluding the provisions of the Vienna Convention.
In the event of a dispute or claim, the customer shall first contact the seller to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may bring proceedings before the court of his choice and if he contracts as a professional, may bring proceedings before the court of the place of the seller's registered office.