The Panko company is a simplified stock company with capital of 2,000 euros registered under number 982 385 411 with the RCS Paris whose head office is located at 172 rue de Charenton 75012 Paris (“The Seller”). The site accessible at the address http://www.bijootree.com is published by the Panko company (“the Site”). The online store www.bijootree.com offers consumers (“The Customer”) the sale of jewelry. The Seller can be contacted by e-mail at the following address: contact@bijootree.com.
I - Purpose
These general conditions, which express the entirety of the obligations of the parties, are intended to define the rights and obligations of the parties in the context of the online sale offered by the Seller to the Customer on the Site.
The Seller and the Customer agree that these general conditions of sale exclusively govern their relationship.
II - The Price
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.
The price is indicated in euros and takes into account the VAT applicable on the day of the order. However, the price does not take into account delivery costs, invoiced additionally, and indicated before validation of the order. Likewise, if one or more taxes or contributions, particularly environmental, were to be created or modified, upwards or downwards, this change may be reflected in the selling price of the products.
When the product is purchased from a country outside the European Union, the price indicated in the basket or, ultimately, when ordering does not include VAT, the latter not being due.
Payment of the entire price must be made when ordering.
At no time can the sums paid be considered as deposits or deposits.
III - Product information
The products governed by the general conditions of sale are those offered for sale on the Site. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions are present on the Site, the Seller cannot be held liable.
The photographs of the products are not contractual.
IV - The order
To place an order on the Site, the Customer must provide all contact details and information essential to ensure invoicing and delivery of the product(s). If this information is incomplete or incorrect, Panko cannot be held responsible for the non-delivery of the order. In the event of a return, the shipping costs relating to a new shipment will be the responsibility of the Customer.
For the order to be validated, the Customer must accept, by clicking in the place indicated, these general conditions of sale.
The sale is considered final (i) after the Seller has sent the Customer confirmation and acceptance of the order by email, and (ii) after receipt by the Seller of the full price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale.
When payment is made, an e-mail is sent to the Customer to confirm that the order has been taken into account. In the event of unavailability of an ordered product, the Customer is informed by email within 5 days of sending the aforementioned confirmation email.
For any questions relating to the tracking of an order, the Customer can send an e-mail to the following address: contact@bijootree.com.
V - Payment
Placing an order by the Customer implies payment.
The Customer guarantees to the Seller that he has the necessary authorizations to use the payment method chosen by him, when paying for the order.
To pay for his order, the Customer has the following payment methods:
- by credit card (Visa, Mastercard). All information is encrypted and transmitted directly to Shopify without going through the Site. The transmission is encrypted by software as soon as the padlock symbol appears in your browser. Furthermore, when passing bank details (card number, expiry date and cryptogram), the URL becomes https URL (the “s” indicating security) and no longer an http address.
The Seller reserves the right to suspend any order fulfillment 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 online provision of the Customer's bank card number and the final validation of the order will constitute proof of the Customer's acceptance.
In the event of fraudulent use of the bank card, the Customer is invited, as soon as he notices the fraud, to contact the Seller at the following email address: contact@bijootree.com.
VI - Proof of the transaction
Computerized records, kept in the Seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
VII - Delivery
Delivery means the transfer to the Customer of physical possession of the goods. It is only made after confirmation of payment by the Customer's selling organization.
Panko has chosen Colissimo Suivi with signature from the Post Office for shipping your orders as well as the Tracked Letter.
Except in cases of force majeure, during periods when the Site is closed or when the product is not in stock, shipping times are those indicated on the Site page accessible at the following address: https://www .bijootree.com/info/delais-et-charges-de-livraison.
When the desired product is not in stock at the time of ordering, you should refer to the lead times indicated on the product sheet.
Whatever the place of delivery, Panko makes its best efforts to process the order as quickly as possible and ensure its dispatch within the time limits indicated in the previous paragraph.
When an order is placed before 2 p.m. Monday to Friday, shipping times run from the date the order is registered indicated on the order confirmation email.
When an order is placed on Saturday or Sunday, it is shipped from the following Monday depending on available stock.
When an order is placed on a public holiday, it is shipped on the first or second working day following it.
Delivery is considered to have been made as soon as the goods are handed over to the Customer who must verify their conformity.
In the event of a delivery error, the Customer must make, by e-mail or post, 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 compared to the indications appearing on the order form.
In the event of non-compliance with the agreed delivery date or deadline, the Customer 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 Customer may freely terminate the contract.
VIII - Complaints
In the event of a complaint, the Customer must make their request by mail or e-mail within 14 days of receipt of their product(s).
IX - Right of withdrawal
- In accordance with article L221-28 of the Consumer Code, this article does not apply to the sale of goods made according to the consumer's specifications (choice of cords) or clearly personalized (choice of stones, engraved jewelry) which are for sale on the Site.
- In accordance with articles L221-18 et seq. of the Consumer Code, the Customer has a period of 14 working days from the date of delivery of the order, to return any item that does not suit them and request an exchange or reimbursement without penalty, with the exception of return costs which remain the responsibility of the buyer.
The products must be returned in their original packaging and in perfect condition within 14 days following notification to the Seller by the Customer of their decision to withdraw.
The products that the Customer returns must be in their original condition and complete so that damaged, soiled or incomplete products will not be taken back.
The right of withdrawal can be exercised online, by sending an e-mail to the following address contact@bijootree.com.
Any other method of declaration of withdrawal is accepted. In any event, said declaration must be unambiguous and express the desire to retract. A model declaration of withdrawal is available at the following address: https://www.service-public.fr/particuliers/vosdroits/R15904.
If the right of withdrawal is exercised within the aforementioned period, and once the product(s) have been collected by the Seller, the corresponding price of the product(s) purchased is refunded as well as the shipping costs. delivery if there was any. The costs of returning the aforementioned product(s) are the responsibility of the Customer.
The exchange, which occurs only subject to availability, or the refund will be made within 14 days at the latest from receipt, by the Seller, of the products returned by the Customer under the aforementioned conditions.
X - Guarantees
- The commercial guarantee
The products sold benefit from a commercial guarantee lasting 3 months from the date of purchase of the product by the Seller aimed at guaranteeing their conformity.
This guarantee makes it possible to cover a breakdown or defect which may have occurred before but also after the purchase of the product by the Customer.
The commercial warranty will not be granted if the product suffers from (i) abnormal or non-compliant use, (ii) normal wear or aging, (iii) an accidental event or, more generally, from an external cause (such as the intervention of any unauthorized third party on the product).
2. Legal guarantees
Panko guarantees the conformity of the goods with the contract, allowing the Customer to make a request under the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
the Customer has a period of 3 months from delivery of the goods to act;
the Customer can choose between repairing or replacing the goods. However, the Seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Customer;
the Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 3 months following delivery of the goods.
In addition, it is recalled that the Customer may 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.
No legal warranty will be granted if the product suffers from (i) abnormal or non-compliant use, (ii) normal wear or aging, (iii) an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the product).
XI - 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.
XII - Intellectual property
All elements of the Site, whether visual or audio, including the underlying technology, are thus protected by copyright, trademarks and patents. They are the exclusive property of the Seller.
Any link from the Site which is placed on a Customer's site, for personal use and by him, must be removed upon simple request from the Seller.
Consequently, the partial or total reproduction on any medium whatsoever of the elements making up the site, their use as well as their making available to third parties are formally prohibited and will systematically be subject to prosecution.
XIII - Language of the Contract
These general conditions of sale are written in French. Only the French text will be authentic in the event of a dispute.
XIV - Confidentiality, IT and Freedoms
The personal data provided by the Customer are necessary to process their order and issue invoices.
Said data may be communicated to the Seller's partner responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Site has been the subject of a formal declaration to the CNIL.
The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
XV - Applicable lawThese general conditions of sale are subject to French law, excluding the provisions of the Vienna Convention. In the event of a dispute or in the event of a complaint, the Seller and the Customer undertake to make their best efforts to obtain an amicable solution.