Terms of Sales
The site http://mayrenaparis.fr, hereinafter “the Site” is published and operated by the company Mayrena Paris SAS (hereinafter “MAYRENA Paris” or “the Vendor”), Simplified Joint Stock Company, registered with the Dieppe RCS under SIRET number: 877 475 533 00015, whose registered office is located at 2, place de la gare, 76260, Eu; and represented by MF Finances.
Telephone: 06 31 93 70 66
Email: contact@mayrena.fr.
1. INTEGRALITY
These general conditions (or “GTC”) express all of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.
They are accessible on the Site and shall prevail, where applicable, 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 will 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 have their headquarters in France.
2. OBJECT
The purpose of these conditions is to set the terms under which MAYRENA Paris sells jewelry designed by designer Alexandra David to its customers. They are available in vermeil: 925 silver plated with 18 carat 5 micron gold, and in 925 silver. They are partly made in France and Thailand. They are all made by hand, which gives each piece a unique, artisanal and non-industrial side (hereinafter referred to as "the Product(s)") through the website www.mayrenaparis.fr (known as the “Site”).
These general conditions of sale exclusively govern the sales made by MAYRENA Paris of the Products sold to buyers who are consumers (hereinafter "the Customer(s)") on the Site and specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
The Customer declares to have read the T&Cs. The acceptance of the general conditions of sale is made by the validation of the order by the customer. In this respect, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
3. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having been informed, prior to placing his order in a readable and understandable manner, of these general conditions of sale.
4. CLIENT
The Customer must be a consumer, an adult natural person and legally capable. The Customer must, during his first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields, such as his surname, first name, postal address and email, so that his order of Product(s) can be taken into account by MAYRENA Paris.
The information communicated to MAYRENA Paris when opening its customer account and for each of its orders must be complete, accurate and up-to-date.
MAYRENA Paris reserves the right not to follow up on an order if it does not come from a Customer who meets the criteria set out above.
5. PRODUCT INFORMATION
The Products governed by the GCS are those which appear on the Seller's website and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.
The Products are described and presented on the product sheets, available on the Site, which provide their essential characteristics. However, if errors or omissions may have occurred in this presentation, the Vendor cannot be held liable.
Product photographs are not contractual.
For vermeil jewellery, the best way to maintain their appearance is to remove and store them before cleaning, crafts, sports, swimming, showering or sleeping so as not to damage them. put in sea water, chemicals, hydro alcoholic gel, household products, etc.
Please note that over time, water and perfume may damage the item. For more information, refer to the "Care Tips" on the brand's website.
Mayrena Paris jewels are created to wear them as in the photos. Do not swallow them, eat them, bite them, put them in the mouth, put them in contact with sources of heat, in a microwave, oven, or any other action that could damage the object or its surroundings.
If the Customer has any questions regarding the Products, he can contact MAYRENA Paris by telephone on 06 31 93 70 66 or by e-mail at the following address: contact@mayrena.fr.
6. ORDER PROCESS
To place an order, the following steps must be followed:
– the Customer browses the Site and adds the Product to his basket, specifying the quantity and size of the product;
– the Customer verifies the nature of the Products added to the basket;
– to delete an item, the Customer must click on “Delete” and to change the number of items, modify the quantity and click on “Update”;
– the Customer can then finalize his order or choose to continue shopping;
– to conclude the purchase contract and finalize the order, the Customer must complete the order form and indicate the personal data necessary for the order;
– the Customer must choose his delivery method;
– the Customer must choose his method of payment;
– it is up to the Customer to check the details of the order and in particular the total price of his order taking into account in particular the price of the Products, the terms and delivery costs, the VAT, the quantity and the sizes selected;
– the Customer must read and accept these GCS by validating his order;
– the Customer makes the payment.
The customer hereby accepts Oney's legal notice accessible here: https://www.payplug.com/hubfs/payplug-oney/cgv.pdf
After validation of your order, a notice of receipt will be sent by email to the Customer, containing a summary of the order (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs ).
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.
The sale will be considered final:
– after the confirmation of the acceptance of the order has been sent to the Customer by the seller by e-mail
– and after receipt by the Seller of the full price
It is the Customer's responsibility to verify the accuracy of the information he provides. The Customer is responsible for the accuracy and completeness of the information provided by himself on his customer account and on his order to ensure its proper processing. In the event of an error on the part of the customer, MAYRENA Paris cannot be held responsible for delays or additional delivery costs. The costs incurred by MAYRENA Paris resulting from errors in the information provided by the Customer will be borne by the Customer.
MAYRENA Paris reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons. MAYRENA Paris will also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these GCS.
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 a shortage of stock after the validation of the order, the Customer will be informed as soon as possible by e-mail. In the event of payment of the price, the Customer will be fully reimbursed.
7. PROOF OF TRANSACTION
The data recorded by MAYRENA Paris constitutes proof of all transactions between MAYRENA Paris and the Customer. The data recorded by the payment system constitutes proof of financial transactions.
8. PRICE
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in addition, and 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 be automatically passed on to the prices of the products on the Site.
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.
Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or installment.
Packaging, order processing and shipping costs are indicated before validation of the order.
9. PAYMENT METHOD
To pay for his order, the Customer has, at his option, all the available payment methods (Paypal, PayPal bank card) made available to him by the Seller and listed on the Site. The Site offers secure payment by credit card controlled by Payplug.
The customer hereby accepts Oney's legal notices accessible here: https://www.payplug.com/hubfs/payplug-oney/cgv.pdf
The Customer guarantees to the Seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order.
The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited bodies in the event of non-payment
The Seller specifically reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute would be under administration.
Payments made by the Customer will only be considered final after effective collection of the sums due by the Seller.
The Products remain the full property of MAYRENA Paris until full payment of the price of each order.
In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned. For a delivery outside the European Union and DOM-TOM, the Customer must pay the customs duties, import duties or other taxes due on the occasion of the importation of the products into the country of the place of delivery. The related formalities are also the sole responsibility of the Customer, who is fully responsible both in terms of declarations and payments to the competent authorities and bodies of his country. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery. These rights and sums are not the responsibility of MAYRENA Paris.
10. DELIVERY
Delivery is only made after confirmation of payment by the bank or the Seller.
The Products can be delivered in Europe according to the delivery method you have selected. In the event of delivery of the product outside the European Union, it may be subject to customs duties and any taxes which are imposed when the package reaches its destination. These customs duties and taxes are your responsibility and are your responsibility. MAYRENA Paris is not required to check and inform you of applicable customs duties and taxes. To know them, it is up to you to check with the competent authorities of the country of delivery.
The Products are delivered to the delivery address indicated on the order form, the Customer must ensure its accuracy (such as, in particular: street number, building number, staircase number, building codes, access, names and/or intercom numbers, etc.). No delivery can be made to a hotel or PO box address.
Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
Delivery times are indicated (i) on the product description sheet, (ii) in the summary of your order and (iii) in your order confirmation email. From the dispatch of the order, the average delivery times are as follows: – STANDARD DELIVERY: 72H by letter followed or Colissimo for France; – INTERNATIONAL DELIVERY: 5 to 10 working days by international Colissimo. However, during busy periods such as Christmas, MAYRENA Paris reserves the right to extend the shipping time. MAYRENA Paris and the carriers being separate and independent entities, the Seller cannot be held responsible for any delay and error in delivery or loss of packages attributable to Colissimo or Chronopost In the event of late delivery in relation to the date that we indicated to you in the shipping email, we ask that you notify us of this delay by writing to us via the contact form on the Site or at contact@mayrena.fr Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and of the Product delivered. If at the time of delivery, the original packaging is damaged, torn, open, the Customer must then check the condition of the items. If they have been damaged, the Customer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (product missing from the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note. The Customer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by post to the Seller at the address indicated in the legal notices 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 period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.). For any request relating to commercial and legal guarantees, please contact: MAYRENA Paris, Customer Service, 2, place de la gare, 76260, Eu; Telephone: 06 31 93 70 66 (cost of a local call in mainland France, indicative rate from a landline, subject to change depending on the operator) – email: contact@mayrena.fr Unless he is a legal person or a natural person acting for purposes falling within the scope of his commercial, industrial, craft or liberal activity, the Customer benefits in any case from the legal guarantees on the basis on which it can act. MAYRENA Paris guarantees the conformity of the Products, allowing the Customer to make a request under the legal guarantee of conformity provided for in articles L.217-4 and following of the consumer code or the guarantee against defects in the thing sold. within the meaning of article 1641 and following of the civil code (please read these articles in Appendix 1 of these GCS). In the event of implementation of the legal guarantee of conformity, it is recalled that: – The Customer has a period of 2 years from the delivery of the goods to act; – The Customer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L 217-17 of the Consumer Code; – The Customer is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods In addition to the legal guarantees referred to in 8.1 to which we are bound, there is a commercial guarantee which covers the repair of jewelery (replacement of clasp, broken chain, gilding, welding and stones to be reattached) . The Customer may request the application of this warranty by mail (by returning the Product to us with proof of purchase). This warranty is free. We will refund the shipping costs. This warranty runs from the date of delivery of the Product for a period of (6) months and applies only in mainland France. This commercial guarantee does not apply: – in case of improper use; – in the event of damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes; – in the event of an abnormal maintenance operation or in the event of a lack of maintenance and hygiene; – in case of natural wear; – in the event of interventions carried out on the jewel by any person not mandated by Customer Service as well as damage resulting from such an intervention. The above provisions are not exclusive of the application of the legal guarantee of conformity of article L.217-4 of the consumer code and the guarantee against defects in the thing sold for the items 1641 and following of the civil code. In accordance with the provisions of articles L 221-18 and following 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 not not suitable for the Seller's address appearing on the withdrawal form and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the Customer. Before the expiry of this 14-day period, the Customer must inform MAYRENA Paris of its decision to withdraw either by sending it the withdrawal form at the bottom of the GCS by printing it and sending it by mail, after having duly completed it, or by sending him an e-mail clearly and unambiguously expressing this decision and mentioning the number of his order to: contact@mayrena.fr. MAYRENA Paris strongly advises the Customer to return the products by letter max followed (€2.01) or if the package is thicker than 3cm, by Colissimo (€4.95) . The Customer also has the option of choosing the carrier of his choice. It is therefore recommended to provide proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means giving a certain date. The risks and costs of return are always the responsibility of the customer.Jewels must be returned in their original packaging and unworn Jewels returned incomplete or damaged by the customer will not be refunded. MAYRENA Paris must reimburse the Customer, at the latest within 14 days from the date on which MAYRENA Paris has actually collected the Product or from the date on which the Customer provided proof of shipment of the Product. Reimbursement will be made by bank transfer to the card used to pay the initial invoice. With regard to returns of personalized products, article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for supply contracts goods made to the consumer's specifications or clearly personalized. Return policy outside mainland France. Returns and exchanges are at the expense of the customer outside of France. Outside the EEC, customs duties and taxes, and costs of formalities are the responsibility of the Customer. ATTENTION: ITEMS ON SALE OR ON PROMOTION CANNOT BE SUBJECT TO A REFUND OR EXCHANGE Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and lead to 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. Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, 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, the 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 performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. The contract takes effect as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses his right of withdrawal under the conditions set out in Articles L 221-18 and following of the Consumer Code. The Customer acknowledges that the MAYRENA Paris Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of MAYRENA Paris, in particular under intellectual property, for the entire duration of protection of these rights and for the whole world. All the elements of the www.mayrena.fr site, whether visual, graphic, video or sound, are for some protected by copyright, trademarks or patents.They are the exclusive property of MAYRENA Paris Certain Products have been registered with the INPI as a design and model and are automatically protected by copyright. The MAYRENA Paris brand, as well as all the figurative or non-figurative brands, illustrations, images and logos appearing on the articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of the MAYRENA company. Paris. The Customer is prohibited from any act of reproduction or use of Product models, packaging, photographs, composition of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, secrets of business, techniques or know-how used by MAYRENA Paris, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by MAYRENA Paris by a trademark, a drawing and model or a copyright. Consequently, any reproduction not authorized by MAYRENA Paris will be the subject of an infringement liable to legal proceedings. The personal data provided by the Customer is necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the website http://mayrena.fr has been declared to the CNIL. The Customer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right cannot be exercised under the conditions and according to the methods defined on the Site. For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy. If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. 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 shall prevail in the event of a dispute. These general conditions of sale are subject to the application of French law. If you are not satisfied with the Product delivered, please contact MAYRENA Paris Customer Service as a priority by calling 06 31 93 70 66 or by email at: contact@mayrena.fr. In the absence of a solution within 21 days of his request, the Customer may contact the Joint Commission for Mediation of Direct Selling, 100 avenue du Président Kennedy, 75016 Paris, Tel. : 01 42 15 30 00, E-mail: info@cmpvd.fr, website http://mediation-vente-directe.fr/ which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to deal, within the framework of a mediation process, with disputes arising between MAYRENA Paris and the Customer. In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the GCS could give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law Article L 217-4 of the Consumer Code: The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. Article L 217-7 of the Consumer Code: Lack of conformity that appears within twenty-four months of delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. Article L 217-10 of the Consumer Code: If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded . The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. Article L 217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages. Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired it, or would have paid less for it, if he had known them. Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded . Article 1648, paragraph 1, of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (If you wish to use your right of withdrawal regarding an order, please print, complete and return this form duly completed) To the attention of MAYRENA Paris – 2 place de la gare, 76260 Eu I hereby notify you of my withdrawal from the contract relating to the sale of the Product below: Product Name: ………………………………………………………………………………………………………… …………… Order reference: ……………………………………………………………………………………………………… .. Ordered on(*)/received on(*): …………………………………………………………………………………… …………………. Name of Client: ………………………………………………………………………………………………………… ……………. Customer address: ……………………………………………………………………………….……………………… ………….. Signature of the Client (only in case of notification of this form on paper): Date: …./…./……… Last update: 01/02/202211. RECEIPT OF PRODUCTS
12. PRODUCT WARRANTIES
12.1 Legal warranty
12.2 Commercial warranty
13. RETURN AND AFTER-SALES POLICY – CUSTOMER RIGHT OF WITHDRAWAL
14. FORCE MAJEURE
15. EFFECT OF CONTRACT
16. INTELLECTUAL PROPERTY
17. PROCESSING OF PERSONAL DATA
18. PARTIAL NON-VALIDATION
19. CONTRACT LANGUAGE
20. APPLICABLE LAW AND DISPUTE RESOLUTION
APPENDIX 1 – Provisions relating to legal warranties
ANNEX 2 – Withdrawal form