Definitions

We will hereinafter designate:

'Site': the site www.gouttedor.com and all of its pages.
'Products': all the products (material) and services (immaterial) that can be purchased or subscribed to on the site.
'Publisher': The person, moral or natural, responsible for the edition and the content of the site and presented in the legal notices of the site.
'User': The Internet user visiting and using the site.
'Customer': The Internet user making a purchase of a product or service on the site.

Mentions imposed by the law of confidence in the digital economy and object of the site.

The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.

This site offers jewelry for sale online.

The site is open and free to all Internet users. The acquisition of a good or a service, or the creation of a member space, or in a more general way the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions. , who recognizes by the same fact to have taken full knowledge of it. This acceptance may consist for example, for the Internet user, in ticking the box corresponding to the sentence of acceptance of these general conditions, having for example the mention “I acknowledge having read and accepted all the general conditions of the site. ". Checking this box will be deemed to have the same value as a handwritten signature on the part of the Internet user.

The acceptance of these general conditions assumes on the part of the users that they have the legal capacity necessary for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.

The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof to the contrary, he renounces to contest them in the event of a dispute.

Characteristics of the products and services offered

The products and services offered are those which appear in the catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure perfect similarity with the physical products.

The customer service of this site is accessible by e-mail at the following address,goutedormtp@gmail.com or by post to the address indicated in the legal notices, in which case the publisher undertakes to provide an answer within 7 days. .

MINDFOOD doeurs d'images also provides its users and customers with a hotline, or telephone assistance, to answer their questions. The helpline can be contacted by telephone on +336 25 55 78 32 (price of a local call).

Prices

Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order.

Goutte d'or reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.

Member area

The user registered on the site (member) has the possibility of accessing it by logging in using their identifiers (e-mail address defined during registration and password) and by using systems such as third-party connection buttons. of social networks. The user is entirely responsible for the protection of the password he has chosen. It is encouraged to use complex passwords. If the password is forgotten, the member can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting it or communicating it to a third party. Failing this, the publisher of the site cannot be held responsible for unauthorized access to a user's account.

The creation of a personal space is an essential prerequisite for any order or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information.

The purpose of data collection is to create a “member account”. This account allows the customer member to consult all his orders made on the site. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value. but only informative. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they are only informative in order to ensure effective management of their orders or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example having any exhaustive character, when the member has knowingly provided erroneous information, during his registration and creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts justify it.

Exemption from liability of the publisher in the context of the execution of this contract

In the event of impossibility of access to the site, due to technical problems or of any nature, the user cannot claim damages and cannot claim any compensation. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the granting of damages from the site or of its publisher. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the publisher of this site cannot therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if the latter are erroneous or incomplete.

The hypertext links present on this site may refer to other websites and the responsibility of the publisher of this site cannot be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site cannot be engaged if the visit by the Internet user to one of these sites causes him harm.

Geographical limitation of use

The use of the services of the site is limited to metropolitan France

Intellectual property rights relating to the elements published on this site

All the elements of this site belong to the publisher or to a third-party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting. Any member who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the publisher of this site or his agent.

This site uses elements (images, photographs, content) whose credits go to: Goutte d'or.

Brands

The trademarks and logos contained in the site are registered by Goutte d'or, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.

Limitation of Liability

The site editor cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, disruption of the site service, or others.

The publisher of the site, in particular in the process of online sales, is bound only by an obligation of means.

The editor of the MINDFOOD doeurs d'images site cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the products purchased, the publisher will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise. The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the publisher, except in the case of a proven hidden defect. , non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and the contract concluded to acquire the good or service allows withdrawal, according to the Article L 121-21-8 of the Consumer Code. In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date to come forward in order to have the order automatically canceled by sending a registered letter with acknowledgment of receipt. .

The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Goutte d'or can in no way be held responsible:

- any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the site, or on the contrary from the impossibility of its use ;
- a malfunction, unavailability of access, misuse, poor configuration of the user's computer, or the use of a browser little used by the user ;
- the content of advertisements and other links or external sources accessible by the user from the site.

Access to the site

The responsibility of the publisher of the site cannot be engaged due to the technical unavailability of the connection, whether due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even incorrect configuration or use of the user's computer.

Closure of account

Each user is free to close his account on the site. For this, the member must send an e-mail to the site indicating that he wishes to delete his account. No recovery of his data will then be possible.

Miscellaneous clauses

These general conditions are subject to the application of French law. They can be modified at any time by the publisher of the site or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all its old general conditions and to send them to any user who requests them.

Except for provisions of public order, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided, of public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.

Use of Cookies

A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member account and to content that does not is not accessible without login.

The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of a legal requisition. The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser:

- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/enable-disable-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Order subscription method and description of the purchase process

We will define below as "Basket" the immaterial object grouping together all the goods or services selected by the user of the site for a purchase by clicking on these objects. As soon as the Internet user considers that he has selected and added to his basket all the items he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will find out or where he will be informed of the number and characteristics of the products ordered, as well as their unit price.

If he wishes to validate his order, the Internet user must tick the box relating to the ratification of these general conditions of sale and click on the validation button. The Internet user will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order. As soon as the Internet user has completed the form, he will then be invited to make his payment with the means of payment listed in the section of these general conditions relating to payments. After a few moments the Internet user will be sent an e-mail confirming the order, reminding him of the content of the order and the price thereof.

The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Payment Information

The Internet user can place an order on this site and can pay by credit card.
Credit card payments are made through secure transactions provided by an online payment platform provider.

This site does not have access to any data relating to the means of payment of the user. Payment is made directly to the bank or payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, the latter being able to provide proof of this by all means. The availability of products is indicated on the site, in the description of each item.

Delivery or provision

The delivery costs will be indicated to the customer before any payment and only concern deliveries made in metropolitan France. For any other place of delivery, it will be up to the customer to contact customer service.

Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum period of 15 days after receipt of the order.

The buyer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the buyer on the delivery note, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise his right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the buyer will not be able to exercise his right of refusal, and the company Kaldili Productions will not be required to accede to the request to exercise the right of refusal of the buyer.

If the buyer's parcel is returned to the publisher by post or by other postal service providers, the publisher will contact the buyer upon receipt of the returned parcel to ask him what to do with his order. If the buyer has mistakenly refused the package, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the customer is not a professional and the contract concluded to acquire the goods or service allows withdrawal, according to Article L 121-21-8 of the Consumer Code), any product to be exchanged or refunded must be returned to Goutte d'Or in its entirety and in perfect condition. Any defect resulting from clumsiness or a false move by the buyer cannot be attributed to Goutte d'or.

In accordance with article L.121-21 and paragraphs of the Consumer Code, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by Goutte d'or of the refund request. The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. If the previous obligations are not carried out, the buyer will lose his right of withdrawal and the product will be returned to him at his expense.

It is recommended to the buyer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the company Goutte d'or, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.

The return costs in the event of withdrawal remain the responsibility of the buyer.

After receipt and acceptance of the complaint, the company Goutte d'or will communicate by email, fax or telephone to the buyer the terms of exchange or refund of the products. In order to process the request correctly, the customer is asked to attach a copy of the invoice to any complaint. Reimbursement will be made by check or bank transfer.

Any delay in delivery of more than seven working days may lead to the resolution of the sale on the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, of the sums he has incurred when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the sale provided for in this article.

Guarantee of products purchased on this site

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Guarantee of conformity:

According to Articles L. 211-1 to L. 212-1 of the Consumer Code, the seller is required to deliver goods that comply with the contract and to respond to any lack of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the product. However, when the defect appeared within 24 months following this date (or within 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it is presumed to fulfill this condition. On the other hand, after this period of 24 months (or 6 months if the order was placed before March 18, 2016 or the product is sold second-hand), it will be up to the customer to prove that the defect existed at the time of taking possession of the property.

In accordance with article L. 211-9: "in the event of a lack of conformity, the buyer chooses between repairing and replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless it is impossible, according to the modality not chosen by the buyer".

Warranty against hidden defects:

According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore did not result from normal wear and tear of the product, for example), and be sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the product or would not have bought it at such a price if he had known about the defect).

Complaints, requests for exchange or reimbursement for a non-compliant product must be made by post or by email to the addresses indicated in the legal notices of the site, within thirty days from the date of delivery (this period does not apply in the event of a hidden defect, as stipulated previously). Return shipping costs are the responsibility of the buyer.

In the event of non-conformity of a delivered product, it may be returned to the seller who will exchange it. If it is impossible to exchange the product (obsolete product, out of stock, etc.) the buyer will be reimbursed by check or transfer of the amount of his order.

Archiving

Goutte d'or will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Framework of conditions

If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These present conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms and of any notices given in electronic form may be requested in legal or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these general conditions must be written in the French language.

Notifications

Any notification or opinion concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service which makes it possible to regularly follow its packages, or by email to the addresses indicated in the legal notices of the site, specifying your surnames, first names, contact details and subject of the notice.

Complaints

Any complaint related to the use of the website, the service offered on this site, or any other related service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed in 365 days from the day of origin of the problem giving rise to the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will forever be inapplicable in court.

Inaccuracies

It may be possible that there are, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the general conditions, the legal notices or the charter. of personal data. In addition, it is possible that unauthorized modifications may be made by third parties to the site or to related services (social networks, etc.). We make every effort to ensure that these types of discrepancies are corrected.

In the event that such a situation escapes us, please contact us by post or by email at the addresses indicated in the legal notices of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to permit us to contact you. For copyright inquiries, please refer to the Intellectual Property section.

Exceptions to the right of withdrawal

The site offers the sale of the following Products, for which the right of withdrawal cannot apply, by virtue of article L 121-21-8 of the Consumer Code: the supply of goods made according to the consumer's specifications or clearly personalized (e.g. engraved jewelry, photo album).

The customer acknowledges having read this list, which may be recalled during the sales process and require for the waiver to be valid an express waiver by the customer of his right of withdrawal (for services starting immediately after purchase and fully executed before the end of the withdrawal period, and for digital content which is not provided on a material medium and for which the execution of the contract begins immediately after the purchase), and therefore waives its right of withdrawal.

Warning

Good dental hygiene required: brush your teeth regularly to avoid any accumulation of dental plaque between your teeth and the jewel.

Do not leave within reach of children.

Bespoke jewel, cannot be lent.

In case of pain, no longer wearing the jewel, the evolution of your teeth over time can make the jewel unsuitable.

Very rare case of allergy noted.

In the event of deformation (fall, crushing, etc.), no longer wear the jewel.

Don't cringe.

Do not drink, eat, sleep or smoke with the jewelry in your mouth.