Last updated: 01/10/2021
Article 1 - Parties
The purpose of these General Conditions of Sale (hereinafter the “CGV”) is to define the conditions of sale of items available for purchase on the website “www.maisonvalencourt.com”.
The website “www.maisonvalencourt.com” is offered by the company EURL “MAISON VALENCOURT”, registered under TAHITI number E33702 (hereinafter the “seller”).
Contact details for SARL MAISON VALENCOURT:
- Website: www.maisonvalencourt.com
- Email: contact@maisonvalencourt.com
- Telephone: +689 89 74 25 29
- Head office: 11 rue Paul Gauguin, 98713 Papeete
- Postal address: BP 21373 Papeete, Tahiti 98713, French Polynesia
By creating a user account and using the aforementioned website, the buyer undertakes to respect these General Terms and Conditions.
Article 2 - Content and scope
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 website “www.maisonvalencourt.com”. They are available on this website and will prevail, where applicable, over any other version or any other contradictory document.
These purchases concern products available on the following site “www.maisonvalencourt.com”. These may include items of jewelry, necklaces, earrings, bracelets, rings, body jewelry.
They apply to the exclusion of all other conditions, and in particular those applicable to sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller. Prior to this date, these conditions of sale are made available to any buyer for information purposes.
Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the seller.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in French Polynesia.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or the placing of his order. In this regard, they are enforceable against him in accordance with the terms of article 1119 of the civil code.
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
Article 3 - Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale.
The following information is transmitted to the buyer in a clear and understandable manner:
- information relating to the activities and identity of the seller, in particular its company name, the geographical address of its head office, its postal, telephone and electronic contact details;
- the essential characteristics of the goods available for purchase;
- the price of goods available for purchase, payment and delivery terms;
- transport, delivery or postage costs and other possible costs;
- the date or deadline by which the service provider undertakes to deliver the goods or perform the service;
- information relating to guarantees and their implementation methods;
- the terms provided by the seller for processing complaints;
- the conditions for termination of the sales contract.
The products governed by these terms and conditions are those which are available for purchase on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual.
Article 4 - Order
4.1 Command definition
By order we mean any order, placed by a buyer, relating to the products offered for purchase by the seller, appearing on the website “www.maisonvalencourt.com”, within the limits of available stocks.
4.2 Validity of the order
To be valid, any order must appear in the purchase history made by the buyer, available on the website “www.maisonvalencourt.com”. If an ordered product is unavailable, the buyer will be informed by email.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final after confirmation of acceptance of the order by the seller has been sent to the buyer by email and after receipt by the seller of the full price.
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement concerning the payment of the sums due under the purchase order and the express acceptance of all the operations carried out in connection with the order.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the address “contact@maisonvalencourt.com” or by telephone at +689 89 74 25 29.
The buyer receives confirmation of their order by email, containing a summary of the products purchased, their price and delivery costs.
4.3 Monitoring and dispute of the order
Any order constitutes 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, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In the event of cancellation concerning one or more items in an order, their possible refund will then be made, the rest of the order remaining firm and final.
For any questions relating to the tracking of an order, the buyer must contact the seller by email at “contact@maisonvalencourt.com” or by telephone at +689 89 74 25 29.
Article 5 - Price and payment
5.1 Price
Prices are firm and final. Unless there are specific express conditions specific to the sale, the prices of the products sold are those appearing in the price catalog on the day of the order.
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Sales prices are expressed in Pacific Francs (XPF) and all transactions are invoiced in Pacific Francs (XPF).
These prices in Pacific francs (XPF) are all taxes included. For shipments outside French Polynesia, it is the buyer's responsibility to pay applicable taxes depending on the geographic location of receipt of the order. The seller will not be responsible in any way for paying any fees, customs duties and taxes on orders placed by the buyer.
Prices can be displayed in Pacific Francs (XPF), Euros (EUR), US Dollars (USD), Australian Dollars (AUD) and British Pounds (GBP). The prices of the products do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The conversion is done automatically and does not involve additional costs for the buyer. The currency converter does not display the decimal expansion of prices and reduces the number to the nearest integer.
Payment of the entire price must be made when ordering. At no time can the sums paid be considered as deposits or deposits.
The price is payable in full and in a single payment, at the time of placing the order. Payment can be made by credit card directly on the website, or by check or cash for orders to be delivered to Tahiti and Moorea, in French Polynesia.
5.2 Payment
If the buyer wishes to order a product from the seller, payment will be necessary. Except for other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account without full payment by this date.
To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. Payment of the price is made in cash when ordering.
The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .
As part of this verification, the buyer may be asked to send a copy of an identity document and proof of address to the seller by fax. The order will then only be validated after receipt and verification by the seller of the parts sent.
Payments made by the buyer will only be considered final after actual collection of the sums due by the seller.
Article 6 - Delivery
6.1 Delivery terms
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, orders are shipped by post within 48 hours following confirmation of the order, while stocks last. Shipping is by registered mail with acknowledgment of receipt. A tracking number is provided so that you can follow the delivery of the order.
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the seller's banking organization.
The products ordered are delivered according to the following methods:
Worldwide delivery: 1,200 CFP francs - 15 to 31 days
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 due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected at the location and during the time indicated.
If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of 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 7 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
6.2 Delivery errors
The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.
The claim may be made, at the buyer's choice:
- Email: contact@maisonvalencourt.com
- Telephone: +689 89 74 25 29
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address: MAISON VALENCOURT, BP 21373 Papeete, Tahiti 98713, French Polynesia. The buyer will be required to provide a delivery tracking number.
Return costs are the responsibility of the buyer.
Article 7 - Resolution
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before resolving the contract, instruct the seller to perform it within a reasonable additional period. In the absence of execution at the expiration of this new period, the buyer may freely terminate the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the seller has complied in the meantime. When the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
The professional may defer reimbursement until recovery of the goods or until the consumer has provided proof of shipment of these goods, the date chosen being that of the first of these events.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will be reimbursed for the sums paid within 30 days at the latest of their payment.
Article 8 - Transfer of risks
Ownership of the item sold is transferred to the buyer as soon as the parties agree on the item and the price. Consequently, the transfer of ownership of the products and the risks of loss and deterioration relating thereto is carried out, at the buyer's expense, upon acceptance of the order form by the seller.
Delivery is deemed to have been made upon delivery of the products ordered by the seller to the carrier.
Under these conditions, the buyer therefore has no warranty recourse against the seller in the event of failure to deliver the goods transported.
Article 9 - Guarantees
MAISON VALENCOURT guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity or the guarantee of defects in the thing sold within the meaning of articles 1641 et seq. of the civil code.
9.1 Legal guarantee of conformity
The legal guarantee of conformity is the guarantee that a consumer can assert against possible failures of a product.
To be covered by the legal guarantee of conformity, the product defect must be discovered within two years following receipt of the product.
If the product was handed over to the buyer less than six months following receipt of the product, the seller must take responsibility for the product under the legal guarantee of conformity, unless:
- the problem does not constitute a defect as such, rendering the good unfit for its use or not conforming to its description,
- the buyer knew of the defect at the time of purchase,
- the defect results from an action of the buyer or from misuse of the product.
If the defect appears more than six months after receipt of the product, it is up to the buyer to provide proof that the defect existed at the time of delivery of the good, to obtain coverage under warranty.
In principle, at the end of this six-month period, repairs to the purchased item are the responsibility of the buyer.
In the event of implementation of the legal guarantee of conformity, the buyer can choose between repair or replacement of the goods.
9.2 Guarantee against hidden defects
The buyer can also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.
Article 10 - Right of withdrawal
The buyer has 14 working days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs. which remain the responsibility of the buyer.
The products must, however, be returned in their original packaging and in perfect condition within 7 days following notification to the seller of the buyer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be returned.
The right of withdrawal can be exercised online by sending an email to contact@maisonvalencourt.com . In this case, an acknowledgment of receipt will be communicated to the buyer by email.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.
Return costs are the responsibility of the buyer. This must provide a delivery tracking number.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Article 11 - Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are 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, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to 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 force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
Article 12 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared 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 their scope.
Article 13 - Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 14 - Intellectual property
All content of the website www.maisonvalencourt.com (in particular all texts, logos, photographs, images) are the property of the seller and are as such protected by the provisions of the intellectual property code.
Buyers agree not to make any use of this content and not to allow anyone else to use this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
Article 15 - Information Technology and Freedoms
When creating the user's account, the personal data collected on the site are their first name, last name and email address.
The website allows you to complete a profile, which may include an address and a telephone number.
The personal data provided by the buyer are necessary to process their order and prepare 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 with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the website “www.maisonvalencourt.com”.
In accordance with the regulations applicable to personal data, users have the following rights:
- they can update or delete data that concerns them by logging into their account and configuring the settings of that account;
- they can delete their account by writing to the following email address: contact@maisonvalencourt.com ;
- they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@maisonvalencourt.com . In this case, before implementing this right, the seller may request proof of the user's identity in order to verify its accuracy;
- if the personal data held by the Platform is inaccurate, they may request that the information be updated by writing to the following email address: contact@maisonvalencourt.com ;
- users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@maisonvalencourt.com .
The seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment, the seller cannot guarantee the security of the transmission or storage of information on the internet.
Article 16 - Language of the contract
These 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 will be authentic in the event of a dispute.
Article 17 - Applicable law and competent jurisdiction
These general conditions are subject to the law applicable in French Polynesia. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
For the definition of competent jurisdiction, the seller elects domicile in Papeete, in French Polynesia.