General terms and conditions of sale pearls.paris

Preamble

These general terms and conditions of sale apply to all sales concluded on the pearls.paris website.

Oktopussy SAS

  • located at 73 rue de Château, 92100 Boulogne-Billancourt - France

Logistic :

Black Sequoia Sarl

  • located at 18 rue du Manoir de Servigné 35000 Rennes, France
  • URL address of the site: https://en.pearls.paris
  • e-mail: hello@pearls.paris
  • phone: +44 20 3445 5897

The pearls.paris website sells the following products: CBD as a pearl.

The customer declares to have read and accepted the general conditions of sale prior to placing an order. The validation of the order is therefore acceptance of the general conditions of sale.

Article 1 - Principles

The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in shops or through other distribution and marketing channels.

They are accessible on the pearls.paris website and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

The present general conditions of sale are valid until 01 May 2020.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the pearls.paris website.

The present conditions concern only purchases made on the pearls.paris website and delivered exclusively in metropolitan France or Corsica. For any delivery in French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@pearls.paris.

These purchases concern the following products: CBD food supplements.

Article 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the consumer code.

The following information is transmitted to the buyer in a clear and comprehensible manner:

- the essential characteristics of the good ;

- the price of the good and/or the method of calculating the price

- and, if applicable, any additional transport, delivery or postage costs and any other charges that may be due.

- in the absence of immediate performance of the contract, the date or the deadline by which the seller undertakes to deliver the goods, whatever the price;

- information relating to the identity of the seller, its postal, telephone and electronic contact details and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.

Article 4 - The order

The buyer has the possibility to place his order online, from the online catalogue and by means of the form contained therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer will have to accept, by clicking in the indicated place, the present general conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of payment.

The sale will be considered final:

- after the sending to the buyer of the confirmation of acceptance of the order by the seller by e-mail;

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, in particular non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer must call the following telephone number: +44 20 3445 5897 (cost of a local call), at the following days and times: Monday to Friday from 10am to 5pm, or send an email to the seller at the following email address: hello@pearls.paris.

Article 5 - Electronic signature

The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:

- Payability of the sums due under the purchase order,

- signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: +44 20 3445 5897.

Article 6 - Order confirmation

The seller provides the buyer with a copy of the contract by e-mail.

Article 7 - Proof of the transaction

The computerized registers, kept in the seller's computer systems under reasonable conditions of security, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.

Article 8 - Product information

The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 - Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.

Prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition, and are indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, upwards or downwards, this change may be passed on to the selling price of the products.

Article 10 - Method of payment

This is an order with an obligation to pay, which means that the placing of the order implies payment by the buyer.

To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form.

The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

Payment of the price is made in full on the day of the order, according to the following terms:

- by payment card

- by wire transfer.

The payment of the price is made in full, according to the following modalities: by credit card or bank transfer.

Article 11 - Availability of products - Refunds - Rescission

Except in cases of force majeure or during periods of closure of the online shop which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the delivery time is 48 hours for Metropolitan France from the day following the day the buyer placed his order, according to the following terms and conditions: Colissimo. At the latest, the delay will be 30 working days after the conclusion of the contract.

For deliveries to French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of failure to comply with the agreed delivery date or period, the buyer shall, before terminating the contract, instruct the seller to perform the contract within a reasonable additional period.

Should the Buyer fail to do so after the expiry of this new period, the Buyer shall be free to withdraw from the contract.

The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.

The contract will be considered as resolved on receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

However, the buyer may terminate the contract immediately, if the dates or deadlines mentioned above constitute an essential condition of the contract for him.

In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either for a refund of the sums paid within 14 days at the latest of their payment, or for an exchange of the product.

Article 12 - Terms of delivery

Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered in the manner and within the period specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the place and during the period indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...). This verification is considered to have been carried out once the buyer, or a person authorised by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail within two working days following receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notices on the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Errors of delivery

The buyer must make any claim to the seller on the day of delivery or at the latest on the first working day following delivery, for any error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this deadline will be rejected.

The complaint may be made, at the choice of the buyer:

- telephone number: +44 20 3445 5897;

- e-mail address: hello@pearls.paris.

Any complaint not made in accordance with the rules defined above and within the time limits specified shall not be taken into account and shall release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the vendor in its entirety and in its original packaging, by registered Colissimo, to the following address: 18 rue du Manoir de Servigné - 35000 Rennes.

The return costs are the responsibility of the seller.

Article 14 - Product Warranty

Legal guarantee of conformity and legal guarantee of hidden defects

Pearls.paris is guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code or the guarantee of defects of the thing sold within the meaning of Articles 1641 and following of the Civil Code. In case of implementation of the legal guarantee of conformity, it is reminded that :

- the buyer has a period of 2 years from the delivery of the good to act;

- the buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-17 of the consumer code ;

- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods, following delivery of the good.

In addition, it is recalled that :

- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

- the buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a price reduction in accordance with article 1644 of the civil code.

Commercial guarantee

The products sold are also covered by a commercial guarantee to ensure their conformity and to ensure the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 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, except for the return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express the will to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased shall be refunded and the delivery costs shall be reimbursed.

The return costs are borne by the buyer.

The exchange (subject to availability) or refund will be made within 7 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided for above.

Article 16 - Force majeure

Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for exemption from the Parties' obligations and shall lead to their suspension.

The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual property

Le contenu du site internet reste la propriété du vendeur, seul titulaire des droits de propriété intellectuelle sur ce contenu.

Les acheteurs s'engagent à ne faire aucun usage de ce contenu ; toute reproduction totale ou partielle de ce contenu est strictement interdite et est susceptible de constituer un délit de contrefaçon.

Article 18 - Information Technology and Liberties

The nominative data provided by the buyer are necessary for processing his order and for the establishment of invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the terms and conditions defined with en.pearls.paris website.

Article 19 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

Article 20 - Non-waiver

The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty of interpretation between any of the headings at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.

Article 22 - Language of the contract

The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Article 23 - Mediation

The buyer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

Article 24 - Applicable law

The present general conditions are subject to the application of French law. The competent court is the tribunal d'instance for disputes whose amount is less than or equal to 10000 € or the tribunal de grande instance for disputes whose amount is greater than 10000 €.

The same applies to the rules of substance as to the rules of form. In the event of a dispute or complaint, the buyer shall first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Collected data

The personal data collected on this site are as follows: 

Account opening: during the creation of the user's account,

his or her full name, e-mail address, telephone number, postal address;

Login: when the user logs on to the website, the user records, among other things, his/her surname, first name, connection, usage, location and payment data.

Profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and a telephone number.

Payment: as part of the payment for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

Communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored.

Cookies: Cookies are used, within the framework of the use of the website. The user has the possibility to deactivate cookies from the settings of his browser.

Use of personal data

The personal data collected from users is used to provide the website's services, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organisation of the conditions of use of the Payment Services;

- verification, identification and authentication of the data transmitted by the user;

- offering the User the possibility to communicate with other Users of the Website;

- implementation of user assistance;

- personalisation of the services by displaying advertisements based on the user's browsing history, according to the user's preferences;

- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;

- management of possible disputes with users;

- sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

The personal data collected from users is used to provide the website's services, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organisation of the conditions of use of the Payment Services;

- verification, identification and authentication of the data transmitted by the user;

- offering the User the possibility to communicate with other Users of the Website;

- implementation of user assistance;

- personalisation of the services by displaying advertisements based on the user's browsing history, according to the user's preferences;

- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;

- management of possible disputes with users;

- sending commercial and advertising information, according to the user's preferences.

Sharing of personal data with third parties

Personal data may be shared with third party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted;

- when the user publishes, in the free comment areas of the website, information accessible to the public ;

- when the user authorises the website of a third party to access his data;

- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may carry out the transmission of data in order to pursue claims against the website and to comply with administrative and judicial procedures ;

- if the website is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to dispose of or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical measures in the area of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: hello@pearls.paris.

- the right of access 

They can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.

The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.

The right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.

The right to limit processing: users may ask the website to limit the processing of personal data in accordance with the assumptions set out in the GPDR.

The right to object to data processing: users may object to the processing of their data in accordance with the hypotheses provided for by the GPDR.

The right to portability: they may request that the website gives them the personal data provided to it to be transferred to a new website.

Evolution of this clause

The website reserves the right to make any changes to this privacy clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.

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