Terms of sale
General Terms and Conditions of Sale for the website lespierresdanna.com
applicable from 07/07/2022
ARTICLE 1. PARTIES
These general terms and conditions are applicable between Les pierres d'Anna, SAS, share capital: €30,000, registered with the RCS of Versailles in France on 07/07/2020, under number 884 930 504, head office: 20 rue de Provence, 78000 VERSAILLES, FR, phone: +33685268830, email: lespierresdanna@gmail.com, VAT number: FR76884930504, hereinafter "the Publisher" and any natural or legal person, private or public, registered on the Site to purchase a Product, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any natural or legal person, private or public, registered on the Site.
"Site Content": elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
"The Publisher": Les pierres d'Anna, SAS taken in its capacity as publisher of the Site.
"Internet user": any natural or legal person, private or public, connecting to the Site.
"Product": any good sold on the Site by the Publisher to Customers.
"Site": the website accessible at the URL lespierresdanna.com, as well as sub-sites, mirror sites, portals, and URL variations related thereto.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to any Internet user. Browsing the Site implies acceptance by any Internet user of these general terms and conditions. The mere connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
The Internet user acknowledges having fully read and accepted these terms and conditions without reservation.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature from the Internet user. The Internet user acknowledges the evidential value of the Publisher's automatic registration systems and, unless he/she provides contrary evidence, waives the right to challenge them in the event of a dispute.
These general terms and conditions apply to the relations between the parties to the exclusion of all other conditions, in particular those of the Internet user.
Acceptance of these general terms and conditions assumes that Internet users have the necessary legal capacity to do so, or failing that, that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Customers.
ARTICLE 5. ORDER STEPS
5.1. Order
In order to place an order, Internet users can select one or more Products and add them to their cart. When their order is complete, they can access their cart by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet user
By consulting their cart, Internet users will be able to check the number and nature of the Products they have chosen and verify their unit price as well as their total price. They will have the option to remove one or more Products from their cart.
If their order is satisfactory, Internet users can validate it. They will then access a form where they can either enter their login details if they already have them or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
Once connected or after having completed the registration form, Customers will be invited to check or modify their delivery and billing details, and then will be asked to make their payment by being redirected to the secure payment interface.
5.4. Confirmation of the order by the Publisher
Once the payment has been effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Customer by electronic means, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an electronic summary of the order and confirm its processing, including all related information.
ARTICLE 6. PRICE - PAYMENT
6.1. Price
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The displayed prices are valid only on the day of the order and do not have any effect for the future.
The prices indicated on the Site are in euros, inclusive of all taxes, excluding delivery costs.
6.2. Payment method
The Customer can make their payment via Paypal.
In the case of credit card payments, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly between the bank and the Customer.
In the case of payment by mandate, check, or bank transfer, delivery times do not start running until the date of receipt of payment by the Publisher.
6.3. Invoicing
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any amount not paid on the due date will automatically and without notice result in the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without prejudice to the recoverability of the principal amounts due.
In addition, any delay in payment will result in the invoicing to the defaulting Customer of recovery fees in the amount of 40 euros, the immediate recoverability of all amounts still due regardless of the agreed deadlines, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's expense. This clause falls within the scope of the provisions of Article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. DELIVERY
7.1. Delivery fees
Delivery or provision fees will be indicated to the Customer before any payment and only apply to deliveries made in Metropolitan France, including Corsica. For any other delivery location, it is the Customer's responsibility to contact customer service.
In the case of a Product delivery to the Customer in-store or at a partner location of the Publisher, the related fees are specified to the Customer at the time of the order.
Delivery fees indicated on the Site are in euros, inclusive of all taxes.
7.2. Delivery time
Orders are delivered by a carrier (such as La Poste, Chronopost, DHL, Mondial Relay) within 10 working days from the perfect receipt of the price by the Publisher.
Some products or some order volumes may, however, justify a delivery time longer than 10 working days.
7.3. Damaged parcel
In case of delivery of a parcel that is visibly and manifestly damaged, it is the Customer's responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay so that a new parcel can be prepared and shipped upon receipt of the damaged parcel in return. In such a case, the delivery times indicated above in these general terms and conditions will no longer apply.
ARTICLE 8. SHIPPING & RETURNS
Article 8.1. Specific shipping conditions for the store
Free shipping in metropolitan France. Additional shipping costs for international shipments.
Article 8.2. Specific return policies for the store
Free returns in metropolitan France, within fourteen (14) days. Shipping costs may apply to the customer for a shipment from abroad. Follow the return procedure indicated on the "Return Process" page.
ARTICLE 9. CLAIMS - WITHDRAWAL – WARRANTY
9.1. Customer service
The Site's customer service is accessible from the site's contact page or by email at contact@lespierresdanna.com or by postal mail at the address indicated in Article 1 of these general terms and conditions.
9.2. Right of withdrawal – Distance selling
This article applies to the Customer who has the status of a consumer within the meaning of the introductory article of the Consumer Code.
9.2.1. Conditions for exercising the right of withdrawal
In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, if applicable, for the cost of return.
The period mentioned in the previous paragraph runs from the receipt of the goods by the Customer or a third party, other than the carrier, designated by them.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday, or public holiday or non-working day, it is extended until the first following working day.
The decision to withdraw must be notified to the Publisher in writing or by telephone at the contact details indicated in Article 1 of these general terms and conditions using an unambiguous declaration. The Customer has, for example, the option to use the standard form provided at the end of these general terms and conditions. The Customer's return request is only effective from the moment the Publisher acknowledges receipt in writing of the Customer's return request. The Customer must then follow exactly the return process that the Publisher will indicate to them.
9.2.2. Effects of the right of withdrawal
The Customer must return the Product(s) in the same condition as they received it/them, along with all packaging elements, accessories, and instructions (even if the Product(s) has/have been unpacked), as soon as possible and no later than fourteen days after communicating their decision to withdraw. The return is made to the following address: Diane Neuville, Les pierres d'Anna, 20 rue de Provence, 78000 Versailles.
In the case of a return for reimbursement, the return costs and insurance fees are covered by the Publisher for mainland France. For this, the parcel must be returned by the Customer using the label provided by the Publisher. Additional fees may apply to the Customer for international shipments.
Upon receipt of your Product, the professional will verify that it is in perfect condition, then acknowledge receipt of the Product. The professional will then reimburse the Customer for the price corresponding to the value of the Products within fourteen days following the date on which the return was accepted, using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and provided that the reimbursement does not incur any fees for the Customer. However, the professional is not required to reimburse additional fees if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
In accordance with Article L.221-23 of the Consumer Code, the CUSTOMER is informed that their liability is only incurred towards the COMPANY for depreciation of the PRODUCT(S), returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature and characteristics of the goods.
9.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply to goods made according to the Customer's specifications or personalized.
Similarly, the right of withdrawal does not apply to contracts fully executed by both parties at the express request of the Customer before they exercise their right of withdrawal.
9.3. Warranty for defects and faults
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must include the quality, quantities, and references of the Products as well as their conformity to the order. No claim will be taken into account after a period of three days from the delivery. In any case, any claim concerning the parcels delivered will only be taken into account if the Customer, having the status of a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 and following of the Commercial Code.
ARTICLE 10. PERSONAL AREA
10.1. Creation of the personal area
Creating a personal area is a prerequisite for any order by an Internet user on the Site. To do this, the Internet user will be asked to provide a certain amount of personal information. Some of this information is considered essential for the creation of the personal area. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal area as well as the validation of the order.
When creating the personal area, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal area. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to the Internet user's personal area.
The Customer undertakes to regularly check the data concerning them and to carry out online, from their personal area, the necessary updates and modifications.
10.2. Content of the personal area
The personal area allows the Customer to consult and track all their orders made on the Site.
The pages relating to personal areas are freely printable by the account holder in question but do not constitute admissible evidence in court. They only have an informative nature intended to ensure effective management of their orders by the Customer.
The Publisher undertakes to securely store all contractual elements whose conservation is required by law or applicable regulations.
10.3. Deletion of the personal area
The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, in particular when the Customer provides inaccurate, incomplete, false, or fraudulent information, as well as when the Customer's personal area has remained inactive for at least one year. Such deletion cannot be considered a fault of the Publisher or damage for the excluded Customer, who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for the Publisher to undertake legal proceedings against the Customer when the facts have justified it.
ARTICLE 11. PERSONAL DATA
In the context of its services, the Publisher may process personal data of its Customers.
11.1. Identity of the data controller
The controller of the data collected and processed on the Site is the Publisher.
11.2. Identity of the Data Protection Officer
The data protection officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com" always making sure to create a hyperlink on the URL of our site
11.3. Data collected
11.3.1. Data collected from customers
In the context of its contractual relationships, the Publisher may collect and process information from its Customers, namely: Email, Name and surname, Phone, Address, state, province, postal code, city, Contract history.
11.3.2. Data collected from customers
Data collected during the contractual relationship is subject to automated processing for the purpose of:
Initiating legal proceedings; Verifying the identity of Customers; 11.3.3. Legal basis for processing The collected data has a contractual relationship as its legal basis.
11.3.4. Recipients of the data
The collected data is accessible only by the Publisher within the strict limits necessary for the execution of contractual commitments.
These data, whether individually or aggregated, are never made freely viewable by a third party.
11.3.5. Duration of personal data retention
Personal data collected is retained for the duration of the contractual relationship and for the period during which the Publisher's liability can be engaged.
After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without keeping a copy.
11.3.6. Security and confidentiality of personal data
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
Access to the Publisher's premises is also secure.
11.3.7. Data minimization
The Publisher may also collect and process any data voluntarily transmitted by its Customers.
The Publisher undertakes to keep and process only the data strictly necessary for its professional activities and will delete any data received that is not useful to its activities as soon as possible.
11.4. Respect for rights
The Publisher's Customers have the following rights concerning their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.
11.4.1. Right to information, access, and communication of data
The Publisher's Customers have the possibility to access personal data concerning them.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, requests will only be processed if the Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in case of a request through the dedicated electronic form) or a signed photocopy of their valid identity document (in case of a written request), both accompanied by the statement "I certify on my honor that the copy of this identity document is true to the original. Made at ... on ...", followed by their signature.
To assist them in their approach, Customers will find here a model letter prepared by the CNIL.
11.4.2. Right to rectification, deletion, and right to be forgotten of data
The Publisher's Customers have the possibility to request the rectification, updating, locking, or deletion of their personal data, which may be inaccurate, incorrect, incomplete, or obsolete.
The Publisher's Customers may also define general and specific directives concerning the fate of personal data after their death. If necessary, the heirs of a deceased person may demand to take into account the death of their relative and/or to make the necessary updates.
To assist them in their approach, Customers will find here a model letter prepared by the CNIL.
11.4.3. Right to object to data processing
The Publisher's Customers have the possibility to object to the processing of their personal data.
To assist them in their approach, Customers will find here a model letter prepared by the CNIL.
11.4.4. Right to data portability
The Publisher's Customers have the right to receive the personal data they provided to the Publisher in a transferable, open, and readable format.
11.4.5. Right to limit data processing
The Publisher's Customers have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data can only be retained and no longer used by the Publisher.
11.4.6. Response time
The Publisher undertakes to respond to any request for access, rectification, or opposition, or any other additional request for information within a reasonable period not exceeding 1 month from the receipt of the request.
11.4.7. Complaint to the competent authority
If the Publisher's Customers consider that the Publisher does not respect its obligations concerning their personal data, they can submit a complaint or request to the competent authority. In France, the competent authority is the CNIL, to which they can send a request here.
11.5. Transfer of collected data
11.5.1. Transfer on request or court decision
Customers also consent to the Publisher communicating the collected data to any person, upon request from a state authority or court decision.
11.5.2. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or acquisition of all or part of its business by another company, Customers consent to the transfer of the collected data by the Publisher to that company and that this company operates the personal data processing referred to in these General Terms and Conditions of Service in place of the Publisher.
ARTICLE 12. RESPONSIBILITY OF THE PUBLISHER
12.1. Nature of the Publisher's obligations
The Publisher undertakes to provide the necessary care and diligence in providing quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only responsible for an obligation of means concerning the services covered by these terms.
12.2. Force majeure - Customer's fault
The Publisher will not be held liable in case of force majeure or the Customer's fault, as defined in this article:
12.2.1. Force majeure
For the purposes of these general conditions, any impediment, limitation, or disturbance of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes, or references provided to the Customer, computer hacking, a security breach attributable to the Site's host or developers, flood, power outage, war, embargo, law, injunction, request, or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher shall be considered a case of force majeure. In such circumstances, the Publisher will be exempt from performing its obligations to the extent of the impediment, limitation, or disturbance.
12.2.2. Customer's fault
For the purposes of these General Terms and Conditions, any misuse of the Product, fault, negligence, omission, or failure on the part of the Customer or their employees, non-compliance with the advice given by the Publisher on its Site, any disclosure or illicit use of the Customer's password, codes, and references, as well as the provision of erroneous information or the absence of updating such information in their personal space, shall be considered the Customer's fault. The implementation of any technical process, such as robots or automatic requests, which would violate the letter or spirit of these general terms and conditions of sale, shall also be considered the Customer's fault.
12.3. Technical problems - Hypertext links
In case of impossibility to access the Site due to technical problems of any nature, the Customer may not claim any damage and will not be entitled to any compensation. The unavailability, even prolonged and without any limiting duration, of one or more online services cannot constitute a prejudice for the Customers and can in no way give rise to the granting of damages and interests by the Publisher.
The hypertext links present on the Site may refer to other websites. The Publisher's responsibility cannot be engaged if the content of these sites contravenes current legislation. Similarly, the Publisher's responsibility cannot be engaged if the visit, by the User, of one of these sites, causes them harm.
In the current state of technology, the rendering of representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. These variations and differences can in no case be attributed to the Publisher, who cannot in any case see its responsibility engaged in this respect.
12.4. Damages and interests payable by the Publisher
In the absence of contrary legal or regulatory provisions, the Publisher's liability is limited to the direct, personal, and certain damage suffered by the Customer and linked to the failure in question. The Publisher cannot under any circumstances be held liable for indirect damages such as, but not limited to, data loss, commercial damage, loss of orders, damage to the brand image, commercial disturbances, and loss of profits or customers. Similarly, and within the same limits, the amount of damages and interest charged to the Publisher cannot, in any case, exceed the price of the ordered Product.
12.5. Hypertext links and Site content
The Site's Content is published for informational purposes only, without any guarantee of accuracy. The Publisher cannot under any circumstances be held liable for any omission, inaccuracy, or error contained in this information, which would be the origin of direct or indirect damage caused to the User.
ARTICLE 13. INTELLECTUAL PROPERTY
13.1. Legal protection of the Site's Content
The Site's Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its rights holders or successors, constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
13.2. Contractual protection of the Site's Content
The User undertakes contractually with the Publisher not to use, reproduce, or represent, in any way whatsoever, the Site's Content, whether or not protected by intellectual property rights, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.
ARTICLE 14. FINAL PROVISIONS
14.1. Applicable law
These general conditions are subject to the application of French law.
14.2. Modifications of these general conditions
These general conditions may be modified at any time by the Publisher. The applicable general conditions for the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space implying acceptance, if necessary, of the new general conditions.
14.3. Disputes
In accordance with Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the execution of these general conditions and whose solution has not been found amicably between the parties must be submitted.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to communicate the contact details of a competent Mediator in case of dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).
14.4. Entirety
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.
14.5. Non-waiver
The Publisher's failure to exercise the rights recognized by these terms shall in no case be interpreted as a waiver of asserting said rights.
14.6. Telephone solicitation
The Customer is informed that they have the possibility to register on the list of opposition to telephone solicitation at the address http://www.bloctel.gouv.fr/.
14.7. Languages of these general conditions
These general conditions are offered in French and English.
14.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.