1.1 FIELD OF APPLICATION
These general conditions of sale (hereinafter the "GTC") as well as the "My Account" and "Legal Notice" Sections are applicable to the merchant website www.plata-paris.fr (hereinafter "the Online Store PLATA PARIS ”), offering the sale of jewelry of the PLATA PARIS brand (hereinafter the“ Products ”).
Any order on the PLATA PARIS online store constitutes full acceptance of these GTCS by the customer who makes a purchase there (hereinafter the “Customer”). These GTC can be saved and / or printed and are accessible from all the pages of the PLATA PARIS online store. These T & Cs may be subject to change at any time, the applicable T & Cs being those that the Customer accepts when placing his order, and which are accessible from the order confirmation email.
1.2 PLATA PARIS
The PLATA PARIS site "www.plata-paris.fr" (hereinafter the "Site") presenting in particular the PLATA PARIS online store, is published by PLATA, a simplified joint stock company, whose head office is located at 18 rue from the cooler. It is registered in the Paris Trade and Companies Register under number 842 752 842.
The name of the publication director is Mr. Daniel HELUA, in his capacity as Chairman of the Company.
The host of the Site is Shopify Inc. with its registered office at 126 York St. Ottawa, ON K1N 5T5, Canada.
1.3 The Client
The PLATA PARIS Online Store allows PLATA PARIS to offer the sale of Products to non-professional Customers having the status of consumer. Sales are made at retail for strictly personal use.
1.4 Customer Service of the PLATA PARIS Online Store
For any questions regarding your order, PLATA PARIS provides the Customer with a Customer Service which can be reached on the PLATA PARIS online store, via the link https://plata-paris.fr/pages/contactez-nous.
You can also contact us on the shop chat or via the Instagram messaging of the PLATA PARIS account.
The Products offered for sale on the PLATA PARIS online store are described and presented with the greatest possible precision (specifications, illustrations, size, composition, etc.). The Customer is invited to refer to the description of each Product, available by clicking on each "Product Sheet", in order to know its properties and particularities, in particular as regards the characteristics sought, the choice and the purchase of a Product. being placed under its sole responsibility.
The prices applied are those appearing on the PLATA PARIS online store at the time of the order.
The Customer is informed that the prices are subject to change. Therefore, in the event that the Customer has created a customer account, the prices displayed in the section "My account / My orders" on the order summary page correspond to the prices paid by the Customer at the time of his previous orders. The functionality allowing the Customer, from this page, to order a product again is therefore likely to offer this same product for sale at a price different from the price paid on the day of the previous order. The Customer is therefore invited to pay attention to the price in effect at the time of the order and which is brought to his attention when the product is placed in the shopping basket.
The prices will be displayed in Euro (€) including tax, and do not take into account the delivery costs of the order (hereinafter the “Delivery Costs”). These Delivery Costs will be indicated to the Customer on the validation page of the basket as well as on the summary page of the order, before the validation and payment of the order.
2.1 Order process
The Customer is invited to select the chosen Products and to put them in the shopping cart by clicking on the "Add to cart" button. At any time, the Customer can proceed to any deletion of the Products on the viewing page of his shopping basket, by going to the "Basket" icon available on all pages of the PLATA PARIS online store top right.
The Customer is invited to consult the summary of his order by clicking on the basket icon at the top right of the screen or by clicking on the button "Payer » when he adds a product to his basket. At this stage, he can check the details of his order, identify any errors made in entering data and correct them.
After validation of the basket by clicking on the button " Pay ", the Customer has to choose between 2 options:
- Identify yourself with your email and password to order using your customer account
- Order by creating a customer account
PLATA PARIS cannot be held responsible for the inaccuracy of the information provided by the Customer. The customer account will provide access to a personal space allowing in particular the tracking of orders and access to invoices.
To finalize his order, the Customer:
must read these GTC and explicitly accept them by checking the box " I read and I agree to the general selling conditions " before proceeding to the payment of his order.
must confirm its delivery and billing address, or indicate a new delivery and / or billing address.
must choose their sending method.
is then invited to enter their payment information on the secure payment page of their order. Once payment has been confirmed, the Customer immediately receives an email confirming their order. The Customer formally accepts the use of the mail electronic for confirmation by PLATA PARIS of the content of the order.
2.2 Product availability
Product offers are subject to the limits of available stocks. Information on the availability of Products is provided at the time of ordering, on the Product page. If it turns out that despite the vigilance of PLATA PARIS, the Products ordered are no longer available, PLATA PARIS will inform the Customer by any means (telephone call or e-mail) as soon as possible. No debit corresponding to the unavailable Product (s) will be made to the Customer's bank account in the event of the unavailability of one or more Products.
2.3 Cancellation of the order
After payment, it is no longer possible to modify and cancel the order.
PLATA PARIS reserves the right to refuse to honor the order in the event of a dispute with the Customer, until the dispute is resolved.
In these cases, the Customer will be informed by e-mail of the cancellation of his order and will be reimbursed for the sums he has, if any, paid prior to the cancellation of his order by PLATA PARIS.
Payment for the order can only be made by credit card. Network maps Carte Bleue, Visa, Mastercard and American Express are accepted.
PLATA PARIS has set up a secure payment system for all orders placed on the PLATA PARIS online store. Payments are made directly on the website through a payment provider - STRIPE - conforms to safety standards.
4 DELIVERY AND RECEPTION OF PRODUCTS
4.1 Terms of delivery
The Customer will be informed by e-mail of the dispatch of his order by registered or registered mail depending on the choice made during checkout.
Information concerning the delivery methods is accessible from the order summary page, before the latter is paid.
No delivery will be made by PLATA PARIS if full collection of the price proves impossible.
No reimbursement will be made by the PLATA PARIS Company in the event that the package is certified as “delivered / distributed” or by La Poste but the customer certifies the contrary. The customer must pay particular attention to his delivery address when placing the order so that the package is delivered to the correct address.
4.2 Shipping costs
Metropolitan France, Corsica and Monaco
Tracked mail without signature (2 to 5 working days): 3.5 €
Delivery by tracked mail is offered to you from 100 € of purchase.
No claim will be accepted on this delivery method if the mail is indicated as delivered / delivered or if the address indicated is incorrect.
Registered mail with signature (3 to 5 working days): € 6 for orders under € 150
Delivery by registered mail is offered to you from 150 € of purchase
Paris 48h withdrawal : this delivery method allows you to pick up your orders for free in Paris by appointment in the 13th or 8th arrondissements, depending on the day.
Standard shipping (with signature) / Standard shipping (5 to 10 days): 10 €
Free shipping on orders over 150 €
Delivery to the following countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic , Romania, United Kingdom and Northern Ireland, Slovakia, Slovenia, Sweden, Switzerland.
World / Worldwide
Standard delivery / Standard shipping (5 to 15 days): 10 €
Free shipping on orders over 250 €
4.3 Receipt of Products
Upon delivery of the order, the Customer must check the compliance and status of his order and issue, if applicable, all necessary reservations concerning apparent defects (missing product, damaged package).
The Customer is invited to contact the Customer Service of the PLATA PARIS online store via the “Contact us” section within fourteen (14) working days following receipt of the products. Unless there is a legitimate reason, any claim made after this period will be considered inadmissible.
4.4 Product Return
The Customer has a right of withdrawal allowing him to return the Products to PLATA PARIS without cause under the conditions set out in Article 5 below.
For any reason for return other than the right of withdrawal (non-compliant or damaged product, error in the content of the order, etc.), the Customer is invited to contact the Customer Service of the PLATA PARIS online store who will give him the information necessary to satisfy his request as far as possible and to make a new delivery, if necessary.
5 RIGHT OF WITHDRAWAL
5.1 The right of withdrawal
The Customer has the possibility, without reason, to withdraw from his order within fourteen (14) calendar days from the day of receipt of the product (s) ordered, the date appearing on the receipt of the carrier signed by the Customer as proof. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise his right of withdrawal, the Customer must contact the PLATA PARIS store within 14 calendar days from the day of receipt of the product (s) ordered, who will send him the return address allowing him to return his order within fourteen (14) days. Product returns are the sole responsibility of the customer.
In any event, the Products must be returned within fourteen (14) calendar days from the date of notification of the exercise of the right of withdrawal, as described below (point 5.2).
5.2 Return methods
To return one or more Product (s), the Customer MUST indicate his wish to return by email to PLATA PARIS at the email address: email@example.com. NO REFUND will be made if PLATA PARIS has not received this email beforehand. Customer service will then give him the address to return the item (s) to. Returns of items must be made by La Poste (via Colissimo), at the customer's expense, within fourteen (14) days from the date of notification of the exercise of the right of withdrawal (i.e. say from the day the product was delivered to the customer).
The RETURN package is the sole responsibility of the customer who wished to return one or more items, and will only be processed once delivered to the postal address indicated by the PLATA PARIS customer service. It is the customer's responsibility to ensure that the package is delivered to the postal address that customer service will have communicated to them following service of the return request by the customer.
Each Product must be returned new with its original PLATA PARIS packaging. In the event of depreciation of the Product resulting from handling other than that necessary to establish the nature and characteristics of the Product, PLATA PARIS reserves the right to refuse reimbursement or exchange of the Product. PLATA PARIS will not make any refund if the Products returned by the Customer do not correspond to the Product (s) ordered or have an origin other than the PLATA PARIS Online Store.
PLATA PARIS products having been purchased elsewhere than on the website: SALE BETWEEN INDIVIDUALS, VIDE-DRESSING, OCCASION cannot be returned, exchanged or cannot benefit from a commercial gesture for all reasons. invoked by the applicant. Only the customer who ordered the item initially via the E-SHOP PLATA PARIS can exercise his right of withdrawal under the conditions agreed above. No other person will be empowered to do so on their behalf.
5.3 Reimbursement of the order
PLATA PARIS will reimburse the returned Products, apart from the initial delivery costs, in accordance with the terms set out in points 5.1 and 5.2, by the means of payment used when ordering.
The refund will be made within a maximum period of twenty-one (21) days following the return of the Products.
6 AFTER-SALES SERVICE
No complaint will be taken into account and no exchange of Products ordered on the PLATA PARIS Online Store can be made in a PLATA PARIS store or in a point of sale where PLATA PARIS Products are sold.
7 LIMITATION OF LIABILITY
The PLATA PARIS company cannot be held responsible for the non-performance of one of its obligations if the poor performance of the contract results either from a case of force majeure, or by the very fact of the Customer or either of the unforeseeable fact and insurmountable third party to the contract.
8 LEGAL GUARANTEES
8.1. Non-compliance and hidden defects
The PLATA PARIS company is bound by the legal guarantee of conformity and that relating to defects in the item sold (1).
The Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect found, to contact the Customer Service of the PLATA PARIS online store who will take care of it by indicating the terms of payment. return and replacement or refund.
PLATA PARIS will replace or repair the returned Product after receipt and examination of the Product in question.
The customer :
- has a period of two years from the delivery of the goods to act;
- when repair is possible, can choose between repair or replacement of the property, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
The legal guarantee of conformity applies regardless of any commercial guarantee granted.
The Customer can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price. in accordance with article 1644 of the civil code ”.
(1) Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code: To comply with the contract, the goods 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; - have 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 have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other modality, 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 L211-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned.
Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
8.2 Disclaimer of warranty
If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the PLATA PARIS Online Store, PLATA PARIS will not be bound by its obligations described in Article 8.1 above.
9 PERSONAL DATA
In accordance with Law 78-17 of January 6, 1978 relating to computers, files and freedoms, the Customer has a right of access to personal data concerning him. In this regard, PLATA PARIS invites the Customer to consult the “My account” section.
10 INTELLECTUAL PROPERTY
PLATA PARIS and / or its affiliated companies around the world is / are holder (s) of the domain name “www.plata-paris.fr”. The Site is an intellectual work protected by intellectual property laws. The Site as a whole, as well as the products sold there, and each of the elements that compose it (such as films, photographs, logos, brands, designs or models, texts, trees, software, animations, illustrations, diagrams) are the exclusive property of PLATA PARIS and / or its affiliated companies around the world, which is / are the only one (s) authorized to use the intellectual property rights relating thereto.
When you use a "Share" function offered on the Site in order to promote a product of the PLATA PARIS brand, you acknowledge and accept that the content made available for sharing should only be used for purely personal use. to the exclusion of any commercial use on websites or internet pages and / or any other digital medium for commercial purposes.
The creation of hypertext links to the Site can only be done with the prior written authorization of PLATA PARIS, which authorization can be revoked at any time.
All sites with a hypertext link to the Site are not under the control of PLATA PARIS and the latter therefore declines all responsibility (in particular editorial) concerning the access and content to these sites.
PLATA PARIS is free to modify the content of the Site at any time and without notice.
11 APPLICABLE LAW / DISPUTES
These GTCS are subject to French law, to the exclusion of its provisions which would refer to the application of foreign law.
In the event of a dispute relating to the PLATA PARIS Online Store, an amicable solution will be sought.
Otherwise, the French courts will have territorial jurisdiction to hear any dispute, with the exception of the provisions of the T & Cs which would refer to the jurisdiction of a foreign court.