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Terms and Conditions of Sale

Translation provided for information only: the French version alone is legally binding.

PREAMBLE

These General Terms and Conditions of Sale (hereinafter "these T&Cs") of the company MAUPAS-SEHIKYAN, publisher of the website www.maupas-sehikyan.com (hereinafter "the Site"), are entered into between the company MAUPAS-SEHIKYAN, as defined in the "Legal Notices" (hereinafter "MAUPAS-SEHIKYAN"), and the Customer as defined in Article 1 of these T&Cs (together, "the Parties").

When placing an order on the Site, the Customer agrees to read, accept and comply with these T&Cs. The Customer signifies acceptance by ticking the box "I have read and accept the general terms and conditions of sale". MAUPAS-SEHIKYAN keeps and archives, under reasonable conditions of security, a record of such acceptances, which may be produced as evidence; the Customer expressly acknowledges this.

The Legal Notices, the privacy policy and the pricing conditions available on the Site also apply to sales contracts entered into via the Site between MAUPAS-SEHIKYAN and the Customer. No other contractual provision contained in documents issued by the Customer shall apply between the Parties unless expressly accepted by the company MAUPAS-SEHIKYAN.

ARTICLE 1: DEFINITIONS

Customer: means an individual or legal entity having legal capacity, who has registered on the Site and has placed an order to purchase a Product on the Site. The Customer is a consumer. A Customer who is not resident in France and wishes to place an order via the Site must check whether the law applicable to them permits them to carry out this type of transaction. The existence of the Site cannot be characterised as an act of canvassing, and the contract entered into between the Parties via the Site is a distance contract.

Login Details: means the email address and password chosen by the Customer when creating their Customer account. MAUPAS-SEHIKYAN draws the Customer's attention to the importance of choosing a secure password (number of characters, upper and lower case, numbers and letters). The Login Details are essential for the Customer to log in to their Customer account and place an order on the Site.

Product: means the Products presented on the Site and offered for sale by MAUPAS-SEHIKYAN. The Products are pieces of jewellery designed and made by MAUPAS-SEHIKYAN.

Each Product can be identified by its name and by its product page, which sets out its essential characteristics.

Differences between the Product presented on the Site and the Product received by the Customer may arise in particular from technical difficulties in presenting it on the Site (colour quality of photographs, the difficulty of conveying the rendering of materials on screen). Such differences shall not be construed as non-conformity and shall not entitle the Customer to cancel the sale, except where the differences affect the quality of the Product.

Site: means the e-commerce website selling Products, accessible at www.maupas-sehikyan.com. The sales contract entered into between the Parties via the Site is a distance sales contract.

ARTICLE 2: PURPOSE

The purpose of these T&Cs is to set out the conditions under which the Customer purchases the products presented on the Site and the conditions under which MAUPAS-SEHIKYAN fulfils the order and delivers the Products.

These T&Cs therefore set out the rights and obligations of each of the Parties.

ARTICLE 3: ACCESS TO THE SITE, CREATION OF THE CUSTOMER ACCOUNT, LOGGING IN TO THE SITE

3.1. ACCESS TO THE SITE

Access to the Site is free of charge for all internet users, with no need to register.

However, in order to access the features of the Site, and in particular to order Products, it is necessary to create a Customer account.

3.2. CREATION OF THE CUSTOMER ACCOUNT

Creating a Customer account is free of charge.

To create their Customer account, the Customer must complete the registration form on the Site, under their own responsibility, providing their contact details and choosing their Login Details.

The information requested when the Customer account is created and marked with an asterisk is essential for processing orders. If the Customer does not provide the mandatory information, MAUPAS-SEHIKYAN is materially unable to fulfil orders.

Accordingly, it is essential that the Customer keeps their information up to date. This obligation is the Customer's sole responsibility. In the event of a breach of this obligation, MAUPAS-SEHIKYAN will not accept any claim (for example, in the event of an error in the name, address or telephone number leading in particular to an error in delivery or non-receipt of the order).

3.3. LOGGING IN TO THE SITE, CUSTOMER ACCOUNT

The Customer expressly acknowledges that entering their Login Details constitutes proof of their identity.

Accordingly, any login to the Site using the Login Details is deemed to have been made by the Customer who holds the Customer account.

MAUPAS-SEHIKYAN cannot be held liable for any loss or damage caused by fraudulent use of the Login Details.

In these circumstances, in the event of loss or theft of the Login Details, the Customer may change their password in the "my account" tab or inform MAUPAS-SEHIKYAN without delay by email at contact@maupas-sehikyan.com, so that MAUPAS-SEHIKYAN may deactivate the Login Details as soon as possible.

ARTICLE 4: PLACING AN ORDER VIA THE SITE, THE DOUBLE-CLICK PROCESS

4.1. FORMATION OF THE SALES CONTRACT

The sales contract is validly formed when the Customer has:

  • selected the desired products by clicking "add to basket";
  • been able, before confirming the order with a second click, to check the details of the order and its total price (including any delivery charges) and, where applicable, to correct any errors;
  • been able to read and accept the T&Cs.

This ordering procedure (double-click) constitutes the Customer's consent and gives rise to an obligation on the Customer to pay, and therefore to the sums due for the fulfilment of the order by MAUPAS-SEHIKYAN becoming payable.

4.2. CONFIRMATION OF THE SALES CONTRACT

In accordance with the provisions of the French Civil Code, MAUPAS-SEHIKYAN sends the Customer an email acknowledging receipt and confirming the conclusion of the sales contract. In this email, MAUPAS-SEHIKYAN also provides the Customer with the T&Cs on a durable medium, the information referred to in Article L221-5 of the French Consumer Code (in accordance with Article L221-13 of the French Consumer Code) and an order number.

MAUPAS-SEHIKYAN recommends that the Customer keeps this acknowledgement email.

4.3. PROOF OF THE TRANSACTION

MAUPAS-SEHIKYAN keeps computerised records of orders and payments under reasonable conditions of security. Accordingly, the archived order forms and invoices may be produced as evidence; the Customer expressly acknowledges this.

4.4. FULFILMENT OF THE ORDER, UNAVAILABILITY OF PRODUCTS

MAUPAS-SEHIKYAN undertakes to use its best endeavours to fulfil orders for Products, but can only physically perform this obligation within the limits of available stock. MAUPAS-SEHIKYAN does its best to ensure that the stock levels displayed online are accurate. However, there may be a discrepancy between the stock displayed on the Site and actual stock. In the event of a stock shortage, MAUPAS-SEHIKYAN undertakes to inform the Customer as soon as possible that the order cannot be fulfilled.

4.5. PRE-CONTRACTUAL INFORMATION PROVIDED TO THE CUSTOMER

The consumer Customer acknowledges having been provided, prior to signing any contract and before any purchase of a Product or Service, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all legally required information, in particular information relating to:

  • the essential characteristics of the Products,
  • the price of the Products and any additional costs,
  • the date or period by which MAUPAS-SEHIKYAN undertakes to deliver the Product,
  • information concerning the identity of the Seller (MAUPAS-SEHIKYAN), including its postal address, telephone number and e-mail address,
  • the company name of MAUPAS-SEHIKYAN, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address,
  • the terms of payment, delivery and performance of the Products, as well as the arrangements made by the Seller for handling complaints,
  • information concerning statutory and contractual guarantees and how they are applied,
  • the possibility of using contractual mediation in the event of a dispute, under the conditions laid down in the French Consumer Code.

ARTICLE 5 – PRICING CONDITIONS

5.1 – PRICES

The prices shown on the Site are those in force on the day the sales contract is concluded. They are displayed in euros, inclusive of VAT, and may be increased by delivery charges, which vary in particular according to the geographical zone and the weight of the parcel. These charges are shown before the Client confirms the order, in the basket summary (second click).

The VAT rate applied is the statutory rate in force on the day of the transaction. Should the French VAT rate change, prices inclusive of VAT will be adjusted immediately, without prior notice.

In the event of a clear and obvious typographical error in the online display of a price, the sale may be cancelled, and the Client may not claim damages as a result.

5.2 – CHANGES TO PRICES

MAUPAS-SEHIKYAN may change the prices of its Products at any time. However, any such change will not apply to orders once the sales contract has been validly formed under the conditions set out in Article 4.

ARTICLE 6 – PAYMENT – PAYMENT METHODS – VERIFICATION PROCEDURES AND THEIR CONSEQUENCES

6.1 – PAYMENT

Whatever the payment method and delivery method selected, the Client must pay the full price of the order on the online Site at the time of ordering.

Any payment made before delivery is considered neither a deposit nor earnest money.

6.2 – PAYMENT METHODS

The Client pays for the order by bank card or PayPal.

Where payment is made by bank card, the Client is redirected to the secure interface of MAUPAS-SEHIKYAN's bank.

Where payment is made by PayPal, the Client is redirected to the secure PayPal interface.

6.3 – VERIFICATION PROCEDURES AND THEIR CONSEQUENCES

The Client warrants to MAUPAS-SEHIKYAN that they hold the necessary authorisations to use the chosen payment method. MAUPAS-SEHIKYAN reserves the right to suspend the processing of any order and/or any delivery in the event of a refusal of payment authorisation, non-payment by the Client, or a dispute relating to a previous order.

In any event, MAUPAS-SEHIKYAN may put in place a payment verification procedure intended to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the Client may be asked to send MAUPAS-SEHIKYAN, by e-mail to contact@maupas-sehikyan.com, a copy (front and back) of an identity document and/or a copy of the bank card used for payment (front and back, taking care to show only the first 4 and last 2 digits of the number on the front, and to conceal the security code and the full card number, which may appear embossed on the back of the card), together with proof of address. These documents are destroyed immediately once the verification has been completed.

6.4 – RETENTION OF TITLE CLAUSE

MAUPAS-SEHIKYAN retains ownership of the Products sold until the full price, including principal and ancillary amounts, has actually been paid. Failure to pay, even in part, may result in the Products being reclaimed.

ARTICLE 7 – DELIVERY OF THE PRODUCTS

7.1 – DELIVERY METHOD

The list of countries to which we deliver is available on the Site.

The various means of delivery for the Products are detailed on the Site and, where applicable, may be chosen by the Client at the time of ordering.

In the event of an incomplete or incorrect address, refusal of the parcel by the recipient, or any other lack of information about the place of delivery (for example, incomplete or missing details for the individual recipient when delivering to a workplace), MAUPAS-SEHIKYAN cannot be held liable for any delay in delivery, for non-delivery, or for the final condition of the Products concerned by that delivery.

Likewise, if the recipient or the third party designated by them is absent, MAUPAS-SEHIKYAN cannot be held liable for any delay in delivery, for non-delivery, or for the final condition of the Products concerned by that delivery.

7.2 – DISPATCH TIMES FOR THE PRODUCTS

Delivery times begin only from the date on which the order has been paid in full. They are expressed in working days and are specified when the order is placed. In general, delivery within the stated times can take place only if the Client has fulfilled all of their contractual obligations towards MAUPAS-SEHIKYAN.

In accordance with the provisions of the French Consumer Code, and unless MAUPAS-SEHIKYAN states otherwise when the order is placed, the delivery time will be 30 days at most, from the date on which payment in full is made.

If this time limit is not met, a Client who is a consumer may call upon MAUPAS-SEHIKYAN to perform within a new time limit. The formal notice must be sent by registered letter with acknowledgement of receipt to the address given in the legal notices. If performance does not take place within this new time limit, the contract may be terminated by sending written notice in the same manner.

Where the sales contract is terminated under the conditions above, MAUPAS-SEHIKYAN undertakes to refund the Client all sums paid, within 14 days of the termination of the sales contract.

7.3 – RECEIPT OF THE PRODUCT

When placing the order, the Client may name, in the "comments about your order" field, a third party responsible for receiving the Product.

In the case of home delivery, the Client or the designated third party undertakes to be present to receive the courier, who cannot, for security reasons, simply leave the parcel at the address. Where the courier, at the Client's request, decides to leave the parcel, MAUPAS-SEHIKYAN cannot be held liable for the disappearance of that parcel and will not accept any Client claim on that basis.

Where delivery is impossible owing to a failure on the part of the Client (absence, incorrect telephone number or address, etc.), the price paid remains the property of MAUPAS-SEHIKYAN.

However, where delivery is impossible owing to a failure on the part of MAUPAS-SEHIKYAN, the Client may choose a new delivery and/or collection date (from those offered by the carrier) or cancel the order. In the latter case, MAUPAS-SEHIKYAN undertakes to refund the consumer Client all sums paid, at the latest within fourteen days of the date on which the Client opted to cancel the order via their Client Account.

Delivery is carried out by La Poste or by a carrier, who will contact the Client directly to arrange a delivery date.

7.4 – CONFORMITY OF THE PRODUCT

By signing the delivery note presented by the courier without any particular remark, the Client acknowledges that the Products delivered match their order and are in perfect condition.

7.5 – CHECKING THE PARCELS

Before signing the carrier's or courier's delivery note, the Client must:

– check the apparent condition of the parcel or parcels;

– check the condition of the Products inside the parcel or parcels;

– check that the Products match the delivery note (in particular the quantity delivered) on the one hand, and the Products ordered on the other.

If the carrier does not allow the Customer time to check the condition of the goods, the Customer must record this on the delivery note by entering a reservation to that effect.

Any irregularity concerning the delivery (damage, item missing compared with the delivery note, damaged parcel, broken items, etc.) must be stated on the delivery note in handwriting and accompanied by the Customer's signature.

The Customer must set out their reservations as precisely as possible: "box damaged on the left-hand side", "scratch", "sign of impact", "broken product", etc. In addition, the carrier requires the quantity of defective products to be stated in the space provided for reservations on the carrier's delivery note.

Finally, the wording "subject to unpacking / proper functioning / the Product being in good condition" will not be recognised in the event of a dispute.

For these reservations to be taken into account, the Customer must confirm the irregularity by sending the carrier, within three (3) working days of the delivery date, a registered letter with acknowledgement of receipt setting out the complaints in question. The Customer must send a copy of this letter to MAUPAS-SEHIKYAN, by email to contact@maupas-sehikyan.com or by standard post to: MAUPAS-SEHIKYAN, SAV – 36, rue du Général de Gaulle – 44230 SAINT-SEBASTIEN-SUR-LOIRE

The absence of reservations does not deprive the Customer of the right of withdrawal, provided that the Customer is entitled to it (Article 9).

7.6. TRANSFER OF RISK

MAUPAS-SEHIKYAN is responsible for the proper performance of the order. Accordingly, the risk of loss and damage passes to the Customer upon delivery of the Products to the Customer.

7.7. COLLECTION IN STORE

When selecting the delivery method, the Customer may opt for free collection in store. Collection hours are shown beneath the selection. The address of the boutique is available on the "contact" page of the Site.

Collection is possible 24 hours after payment of the online order and for a period of fifteen (15) days.

ARTICLE 8 – THE RIGHT OF WITHDRAWAL AND THE CONDITIONS FOR ITS EXERCISE

8.1. Save where the law provides otherwise, a Customer who is a consumer has a period of 14 calendar days, starting from the date on which the Product is received by the Customer or by a third party designated by them, or from the date of receipt of the last Product where the order contained several Products not delivered at the same time, in which to exercise their right of withdrawal, in accordance with the Consumer Code.

8.2. To exercise their right of withdrawal, a Customer who is a consumer may choose to:

  • complete and send to MAUPAS-SEHIKYAN by email the model withdrawal form set out at the end of these T&Cs;
  • send an email to MAUPAS-SEHIKYAN that leaves no ambiguity as to the wish to withdraw;
  • submit their withdrawal request through their Customer account. In this case, MAUPAS-SEHIKYAN will send the consumer Customer without delay an acknowledgement of receipt of the withdrawal on a durable medium.

8.3. This right of withdrawal is exercised without penalty, except for the costs of return, which are borne solely by the Customer who is a consumer. Products may be returned by La Poste. Consequently, MAUPAS-SEHIKYAN is under no obligation to state the estimated cost of return.

8.4. The Product must be returned within a maximum of 14 days from the date on which the Customer exercises the right of withdrawal. The Product must be returned to the address given to the Customer by MAUPAS-SEHIKYAN in the email acknowledging receipt of the withdrawal request.

8.5. Only Products returned complete (including accessories) and in perfect resalable condition will be accepted. Only packaging used solely for transport may be replaced. Any Product that has been damaged or is no longer in a condition to be resold on the Site will not be refunded.

8.6. MAUPAS-SEHIKYAN undertakes to make the refund using the same means of payment as that used for the initial transaction, unless the Customer has expressly given different instructions. In this respect, MAUPAS-SEHIKYAN draws the Customer's attention to the importance of providing instructions to MAUPAS-SEHIKYAN where payment was made with a virtual bank card.

The refund is scheduled upon receipt of the Product in perfect resalable condition, as specified above, at the address indicated by MAUPAS-SEHIKYAN.

8.7. EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal may not be exercised in the cases provided for in Article L121-21-8 of the Consumer Code, and in particular paragraph 3°, which provides that "the right of withdrawal may not be exercised for contracts: for the supply of goods made to the consumer's specifications or clearly personalised".

ARTICLE 9 – RELATIONSHIP BETWEEN THE PARTIES AFTER SALE

9.1 – AFTER-SALES SERVICE

MAUPAS-SEHIKYAN makes available to the Customer the following email address: contact@maupas-sehikyan.com and an after-sales service number: 06 99 45 39 74 [not premium-rate]

9.2 – EXCHANGE REQUESTS

Products purchased from MAUPAS-SEHIKYAN cannot be exchanged.

9.3 – THE GUARANTEE

9.3.1. Statutory guarantee of conformity

A Customer who is a consumer has a period of two years from delivery of the Product in which to rely on the statutory guarantee of conformity governed by Articles L217-4 to L217-14 of the Consumer Code.

If the statutory guarantee of conformity is recognised, MAUPAS-SEHIKYAN will repair or replace (exchange) the Product. Where repair or replacement is impossible, the Customer may choose either to return the item and have the price refunded, or to keep the item and have part of the price refunded.

The Customer's attention is drawn to the fact that the durability of ink on personalised Products cannot be relied upon under this guarantee.

9.3.2. Statutory guarantee against hidden defects

The Customer has a period of two years from the discovery of the defect in which to rely on the statutory guarantee against hidden defects governed by Articles 1641 to 1649 of the Civil Code.

The Customer understands that, in order to rely on this statutory guarantee, they must prove the existence of the hidden defect. A hidden defect is defined as a concealed fault, that is, one not apparent at the time of purchase, which renders the item unfit for its intended use or significantly reduces its use, and which existed at the time of purchase.

If the statutory guarantee against hidden defects is recognised, either the Customer returns the Product and MAUPAS-SEHIKYAN refunds the price paid, or the Customer keeps the Product and has part of the price refunded.

The Customer's attention is drawn to the fact that the durability of ink on personalised Products cannot be relied upon under this guarantee.

ARTICLE 10 – GUARANTEE CLAIMS

The guarantee applies on presentation of the purchase invoice.

For any guarantee claim, the Customer must send an email to MAUPAS-SEHIKYAN (contact@maupas-sehikyan.com) or, where applicable, submit the request through their Customer account, clearly stating their wish to invoke the guarantee and the precise reasons for the claim.

MAUPAS-SEHIKYAN will acknowledge receipt of the request by email. Where a return under guarantee is accepted, a return authorisation form will be attached to that email and the address to which the Product must be sent will be given in the email.

For any accepted return under guarantee, the parcel must be accompanied by a copy of the invoice and the return authorisation email.

The guarantee does not apply where the damage is attributable to a cause external to the Product.

ARTICLE 11 – RETURN COSTS

Solely in the case of the statutory guarantee, where the guarantee is invoked and accepted, the return costs incurred by the Customer for the guarantee claim, as well as the costs of sending the Product back to the Customer, are borne by MAUPAS-SEHIKYAN, for Customers resident in mainland France.

However, where the guarantee is not recognised or where the Customer exercises the right of withdrawal, the Product is sent back at the Customer's expense.

ARTICLE 12 – LIABILITY

MAUPAS-SEHIKYAN is liable by operation of law to the Customer who is a consumer for the proper performance of the obligations arising from the order for Products and/or Services.

Nevertheless, MAUPAS-SEHIKYAN may be released from all or part of its liability by proving that the non-performance or defective performance of the contract is attributable either to the Customer, or to an unforeseeable and insurmountable act of a third party to the contract, or to an event of force majeure.

ARTICLE 13: PERSONAL DATA

The terms on which personal data are collected and processed are set out in full in the MAUPAS-SEHIKYAN Privacy Policy.

ARTICLE 14: MISCELLANEOUS PROVISIONS

In general, the Customer and MAUPAS-SEHIKYAN expressly agree that information may be exchanged by email. The correspondence address of MAUPAS-SEHIKYAN shall be contact@maupas-sehikyan.com.

MAUPAS-SEHIKYAN may amend these T&Cs at any time in order to incorporate, on the one hand, any legislative or case-law change applicable in particular to e-commerce and, on the other hand, any technical or technological development improving the Site.

Should any provision of these T&Cs be void, it shall be deemed unwritten, but shall not render void the contractual provisions as a whole.

Any tolerance or waiver by either Party in the application of all or part of the undertakings given under these T&Cs, whatever its frequency or duration, shall not constitute an amendment to the T&Cs, nor give rise to any right whatsoever.

Where these T&Cs are translated, only the French version shall be authoritative.

ARTICLE 15: DISPUTE RESOLUTION

These T&Cs are governed by French law.

In the event of a dispute, a Customer who is a consumer may refer the matter to a consumer mediator before bringing proceedings before the competent court.

The contact details of the MAUPAS-SEHIKYAN consumer mediator are:

CM2C

14 rue Saint Jean 75017 Paris cm2c@cm2c.net

In addition, the European Commission has set up an online dispute resolution platform to receive any complaints from consumers following an online purchase. These complaints are then forwarded to the competent national mediators. The platform can be accessed via the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

Any dispute that has not been resolved amicably shall be submitted to the competent court for the place where the defendant is domiciled or, at the defendant's choice, the place where the Product was delivered. However, if the Customer is a business, the Commercial Court of Nantes shall have exclusive jurisdiction.

Withdrawal form

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

For the attention of MAUPAS-SEHIKYAN, withdrawals department, 36, rue du Général de Gaulle, 44230 SAINT-SEBASTIEN-SUR-LOIRE, or at contact@maupas-sehikyan.com.

I hereby give notice that I withdraw from my contract for the sale of the following goods (*)/for the provision of the following services (*):

Ordered on (*): /received on (*):

Name of consumer Customer:

Address of consumer Customer:

Signature of consumer Customer (only if this form is notified on paper)