GENERAL CONDITIONS OF SALE MONCOMBLE PARIS
Article 1 – Preamble – Scope of application
These General Conditions of Sale apply automatically to any sale of products by the company MONCOMBLE CAMILLE (hereinafter referred to as the “Seller”), unless a specific agreement is agreed in writing between the Parties.
Prior to this date, and in accordance with the provisions of articles L. 112-1 and L. 112-2 of the Consumer Code, these General Conditions of Sale are made available to any buyer for information purposes.
The professional also communicates to the consumer information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, where applicable, that relating to legal guarantees, the functionalities of the digital content and, the where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions, in accordance with articles R. 111-1 and R. 111-2 of the Consumer Code.
Any order for products from the Seller implies the unreserved acceptance as well as the full and complete adherence of the customer (hereinafter “the Customer” or “the Buyer”) to these General Conditions of Sale.
The Customer declares to have read these General Conditions of Sale before validating the order. Validation of the order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.
All documents other than these General Conditions of Sale, namely catalogs, prospectuses, advertisements, have only an informative and indicative, non-contractual value.
The Seller reserves the right to modify these General Conditions of Sale at any time by publishing a new version on its website. The General Conditions of Sale are those in force on the date of validation of the order. The Parties agree that the photos of the goods for sale on the site https://moncomble-paris.com have no contractual value.
The contract is concluded for the duration necessary for the supply of goods and services, until the extinction of the guarantees and obligations owed by the Seller.
Article 2 – Order
2.1. Definition
By order, we mean any order relating to the products offered by the Seller and accepted by the latter, any signature, even electronic, or validation, quote, purchase order or agreement explained by email.
The sale is deemed concluded on the date of acceptance of the order by the Seller. Acceptance of the order by the Seller results from validation of the order as explained in article 2.2 of these General Conditions of Sale.
Any order received by the Seller is deemed firm and final.
2.2. Order taking
Orders can be placed directly on the website https://moncomble-
paris.com or by email at info@moncomble-paris.com
In order to place the order on the Seller's website, the Customer must
follow the following steps:
1. Enter the site address;
2. Follow the instructions on the site and in particular.
3. Select the product of your choice.
4. Check the elements of the order and, if necessary, identify and correct errors;
5. Validate the order, the total price as well as the All-Inclusive price;
6. Follow the online payment server's instructions to pay the all-inclusive price.
The Customer then receives electronically and without delay a confirmation of acceptance of payment for the order.
The Customer also receives electronically and without delay an acknowledgment of receipt serving as confirmation of the order.
The Customer receives electronically confirmation of the shipment of the order.
Delivery will take place to the delivery address indicated by the Customer when ordering. When completing the various stages of the order mentioned above, the Customer undertakes to
comply with these contractual conditions by application of article 1366 of the Civil Code.
The Seller undertakes to honor the order only within the limits of available stocks.
goods. If the goods are not available, the Seller undertakes to inform the Customer.
However, in accordance with article L. 122-1 of the Consumer Code, the Seller reserves
the right to refuse the order if it is abnormal, placed in bad faith or for any other
legitimate reason, and in particular, when there is a dispute with the Customer regarding payment
from a previous order.
Article 3 – Cancellation/modification of order and right of withdrawal
Except in the event that the order relates to a product made according to the
Customer specifications or clearly personalized, the Customer may return the product without reason
within thirty (30) days following receipt of the product, provided that the jewelry has not
never been worn.
To exercise his right of withdrawal, the Customer must inform the Seller within the aforementioned period.
either by sending them the withdrawal form available at the end of these Conditions
General Sales, or by sending him an email in which his request
unambiguous must be written and mention the order number concerned as well as its
contact details.
To this end, the Customer must send his request to:
MONCOMBLE CAMILLE
6 LES DOUX 37120, LUZE
FRANCE
Such. : 0786872150
Or by email to the following address: camille@moncomble-paris.com
In the event of exercising his right of withdrawal, the Customer is required to return to the Seller on or
the products concerned, in perfect condition, at the latest within 14 days following sending of their
request for withdrawal. Return costs are the responsibility of the Customer.
Provided that the product has never been worn and is returned in good condition, the Seller
will then proceed to reimburse the order having been the subject of the right of withdrawal of the
Customer, at the latest within 14 days following the date on which he was informed of the decision
of the Customer, unless there is a justified delay.
The simple return of the product without declaration or the refusal to accept the delivery cannot
constitute the exercise of the right of withdrawal.
Apart from the above-mentioned hypotheses, any order is firm and final and cannot be
modified or canceled by the Customer, unless accepted in writing by the Seller.
Article 4 – Price
Unless there are special conditions specific to the sale, the prices of the products sold are those appearing
in the price catalog on the day of the order. These prices are, on this date, firm and
definitive.
They are expressed in legal tender and stipulated all taxes included.
Packaging or delivery costs are free.
Unless otherwise agreed, delivery delays do not entail any modification of the agreed price.
Delivery of products is free in Europe from two hundred (200) euros of purchase.
In the event of delivery outside the European Union, the Customer will bear the costs of
customs and any taxes due upon delivery of the order.
Article 5 – Payment
5.1. Payment terms
Orders placed from the Seller's website must be paid by card
banking directly from the secure online platform offered on the website of the
Seller. The bank cards accepted are those of the Carte Bleue, Visa, Eurocard networks /
MasterCard.
Once payment for the order has been validated, the Seller will send by email a
invoice to the Customer.
Orders placed outside the Seller's website can be paid by
check, cash or bank transfer payable to “MONCOMBLE CAMILLE”. In this case, the
Orders must be paid by the due date stated on the invoice or upon receipt
the invoice's.
5.2. Payment incident
In the event of late payment, the sums due bear interest automatically, at the rate of the
Banque de France increased by 2 points from the due date of the debt.
In the event of unpaid or late payment, the Seller reserves the right to suspend the
orders in progress until the debts due have been cleared without compensation for the
Customer.
In the event that a Customer places an order without having paid one or
several previous order(s), the Seller may refuse to honor the order
concerned without the Customer being able to claim any compensation for any reason
whether it be.
All litigation and reminder costs that would be incurred by the Seller for unpaid
attributable to the Buyer will be the responsibility of the Buyer.
Article 6 – Deliveries
The products are delivered to the address indicated when the Customer takes the order, according to the
shipping method chosen by the Customer.
Once the order is finalized, the Customer receives a confirmation email containing the
information necessary for tracking your package.
The modification by the Customer of the address initially communicated when concluding the
order is likely to cause a delay in the delivery of the products.
Unless otherwise indicated during validation of the order or request for express delivery
accepted by the Seller, the delivery time is in principle three (3) to ten (10) working days
after acceptance of the order and 48 hours after finalization of the products made by
the Seller according to the Customer's specifications. No deliveries can be made from Saturday
to Monday inclusive.
Fine jewelry products are subject to additional manufacturing time in our
workshops of two (2) to three (3) weeks, after which they are delivered to the Client according to the conditions
aforementioned.
Delivery times are given for informational and indicative purposes only. The Seller undertakes to
make its best efforts to ensure that the delivery times indicated are respected. Nevertheless,
these sometimes depend on elements external to the Seller, in particular on the availability of
carriers and the order of arrival of orders.
Consequently, the Seller's liability cannot be sought in this respect in the event of
delivery delay of less than ten (10) days. Article 7 – Risks
The costs and risks linked to the product delivery operation are the exclusive responsibility of the
Seller.
From delivery, the risks of the products are transferred to the Customer.
When the Customer has the status of professional, the transfer of risks on the products sold
by the Seller is carried out upon leaving its workshops and warehouses, without prejudice to the reserve of
property provided for in article 8 of these General Conditions of Sale. It then belongs to
Customer, in the event of damage to the goods delivered or missing products, to carry out all
necessary reservations with the carrier. Unreserved receipt of the products
ordered by the Customer covers any apparent defect.
The Customer is required to check the condition of the packaging as well as the items upon delivery.
It is up to the Customer to make the reservations and complaints that he considers necessary, or even
to refuse the package, when the package is obviously damaged on delivery. The said
reservations and complaints must be sent to the carrier by registered letter with
request for acknowledgment of receipt within three working days, not including public holidays, which
follow the date of delivery of the goods.
The Customer must also send a copy of this letter to the Seller. The lack of
complaint within the aforementioned period extinguishes any action against the carrier in accordance with
Article L. 133-3 of the Commercial Code. The Customer must ensure that the goods which have been
delivered correspond to the order. In the event of non-compliance of goods in nature or quality
to the specifications mentioned in the delivery note, the customer must inform the Seller by
email.
Article 8 – Reservation of ownership
The transfer of ownership of the products sold by the Seller is suspended until complete
payment of the price thereof by the Customer, in principal and accessories, even in the event of granting of
Payment period.
It is expressly agreed that the above provisions do not prevent the transfer of
risks to the Customer upon delivery.
Article 9 – Guarantees
The Customer benefits from the legal guarantee against hidden defects (articles 1641 and following of
Civil Code) as well as the legal guarantee of conformity (articles L. 217-1 et seq. of the Code of
the consumption).
The legal guarantee of conformity is a guarantee against all existing defects in conformity
already on the date of delivery of the product.
When the Buyer acts as a legal guarantee of conformity, he:
- Will benefit from a period of two years from the delivery of the property to take action;
- May choose between repair or replacement of the property subject to the
cost conditions provided for by article L. 217-9 of the Consumer Code;
The guarantee of conformity will apply independently of the commercial guarantee granted on
where applicable by the Seller.
The Buyer may also decide to implement the guarantee against hidden defects.
of the thing sold within the meaning of article 1641 of the Civil Code, if he justifies within two years
counting from his discovery, of a hidden defect of which he could not have been aware at the time
to contract and making the thing unfit for the intended use.
In this case, the Customer can choose between termination of the sale or a reduction of the
sale price in accordance with article 1644 of the Civil Code.
Finally, if he wishes to bring his jewelry back to life, re-gild it, replace a stone or restore it.
form, the Customer can at any time contact the Seller with a view to establishing a
specific quote which will be subject to additional invoicing.
Article 10 – Force majeure
The Seller's liability cannot under any circumstances be called into question in the presence of a case
of force majeure.
Are considered as force majeure or fortuitous events, events independent of
the will of the parties, which they could not reasonably be required to foresee, and which they
could not reasonably be avoided or overcome, to the extent that their occurrence renders
totally impossible the execution of the obligations of the parties.
Are in particular assimilated to cases of force majeure relieving the Seller of its
obligation to carry out services within the agreed deadlines: strikes of all or part of the
personnel of the Seller, fire, flood, war, epidemics, road blocks,
EDF-GDF strike or supply disruption, supplier supply disruption
Internet access or interruption of supply for a cause not attributable to the Seller.
In such circumstances, the Seller will notify the Customer in writing as soon as possible.
Article 11 – Intellectual property
The names “MONCOMBLE PARIS” and “MONCOMBLE CAMILLE”, the logos,
photographs, visuals, slogans, collection names and registered or unregistered brands,
represented on the Seller's website or on any other contractual document or
pre-contractual, are the exclusive property of the company MONCOMBLE CAMILLE.
Any use, reproduction and/or modification which would be made without the written consent and
prior notice of the company MONCOMBLE CAMILLE would be likely to constitute counterfeiting,
within the meaning of the Intellectual Property Code and to incur the civil and/or criminal liability of the
counterfeiter.
Article 12 – Processing of personal data
As part of the execution of its contractual obligations arising herefrom, the Seller
is required to process a certain amount of personal data concerning the Customer.
The Seller undertakes to process the Customer's personal data in accordance with the
applicable regulations, in particular within the meaning of Law No. 78-17 of January 6, 1978 as amended and
of Regulation (EU) 2016/679 relating to the protection of personal data.
To find out how his personal data is processed by the Seller, the Customer is
invited to read the Seller's Privacy Policy, available at
the following address: https://moncomble-paris.com/pages/politique-de-confidentialite or on simple
request from the Seller.
Article 13 – Nullity of a clause hereof
If any of the provisions of this Agreement were canceled, this nullity would not result in
not the nullity of the other provisions of the Contract which will remain in force between the Parties.
Article 14 – Modification of the Contract
Any amendment, termination or abandonment of any provision of this Agreement
will only be valid after written and signed agreement between the Parties.
Article 15 – Non-waiver
The fact of the Seller not availing itself at a given time of one of the clauses of the
present cannot constitute a waiver to avail itself subsequently of these same clauses.
Article 17 – Competent court and applicable law
In the event of a dispute regarding the application of these General Conditions of Sale and
their interpretation, the Customer who acts as a consumer has the possibility of entering a
consumer mediator, whose contact details will be sent to him by the Seller on
simple request made to:
MONCOMBLE CAMILLE
6 LES DOUX 37120, LUZE
Such. : 07 86 87 21 50
Email: info@moncomble-paris.com
For any difficulty, the Customer is invited to contact the Seller in advance for a
amicable resolution of the dispute at the above-mentioned address.
Only complaints relating to the online sale of products will be taken into account.
In general, any dispute regarding the application of these General Conditions
of Sale and their interpretation, their execution and the sales contracts concluded by the
Seller, or payment of the price, will be brought before the courts of Paris, regardless of the location
of the order, delivery, payment and method of payment, and even in the event of a call
as a guarantee or plurality of defendants.
Any questions relating to these General Conditions of Sale as well as sales
that they govern, which is not dealt with by these contractual stipulations, will be
governed by French law to the exclusion of any other rights.
The Seller takes up residence at 6 LES DOUX 37120, LUZE.
Date of last update: February 2019
If you wish to exercise your right of withdrawal, please cut out the form.
withdrawal below and send it to MONCOMBLE CAMILLE under the conditions
referred to in article 3 of the General Conditions of Sale
WITHDRAWAL FORM
To the attention of MONCOMBLE CAMILLE, 6 LES DOUX 37120, LUZE:
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Ordered on (*)/received on (*):
Consumer name:
Consumer address:
Signature of the consumer (only if this form is notified on paper)
:
Date :
(*) Delete what is unnecessary.
