General terms and conditions
If you have any doubts or questions related to our general terms and conditions of sale, please contact us on +33 (0)1 83 75 74 20.
These general terms and conditions of sale and use of the website (hereinafter the « Terms and conditions ») shall apply between:
The company Courbet, a Société par action simplifiée (simplified form limited company - SAS) under French law with a registered capital of 736,836 € registered in the Paris Registre du Commerce et des Sociétés (Trade and Companies Register – RCS) under number 832805402 having its registered offices at 7, place Vendôme, 75001 Paris and having VAT number FR 22 832 805 402.
Any natural person over the age of 18 years acting exclusively within the strict framework of his or her personal needs, who consults the website www.courbet.com and/or makes a purchase from Courbet. The Seller does not make Online Sale to legal persons.
The Seller’s activity is the sale of jewellery. The Seller markets in particular the above-mentioned goods through the intermediary of the website www.courbet.com. The list of goods offered for Online Sale by the Seller can be consulted on the website at the following address www.courbet.com.
The Parties hereby agree that their relations will be exclusively governed by this contract, to the exclusion of any term or condition previously published on the Seller’s website.
The Seller hereby reserves the right to modify these Terms and Conditions at anytime by publishing a new version on the Website. The Terms and Conditions shall be those in force at the date of confirmation of the order.
The Parties hereby agree that the photos of the Goods for sale on the website www.courbet.com shall not have any contractual value.
I/ GENERAL TERMS AND CONDITIONS OF ONLINE SALE
Article 1. - Definitions
The terms and expressions referred to hereinafter shall have the following meaning, when capitalised, for the purposes of interpretation and performance of this contract :
- « Article »: the Goods which are the subject-matter of the Order;
- « Goods »: any product offered for sale on the Website;
- «Order »: demand for Goods made by the Client to the Seller;
- « General Terms and Conditions of Sale »: the terms and conditions which are the subject-matter of this contract;
- « Contract »: this deed, including its preamble and annexes, as well as any amendment, substitution, extension or renewal made to this contract by mutual agreement of the Parties;
- « Delivery Time »: period of time between the date of Validation of the Order and the date of Delivery of the Order to the Client;
- « Costs of Delivery »: expenses incurred by the Seller to ship the Order to the Delivery address indicated by the Client;
- « Delivery »: shipping of the Article to the Client;
- « Mode of Delivery »: refers to any standard or express mode of delivery available on the Website at the time of the Order;
- « Price »: unit value of the Goods; such value shall be calculated including all taxes and without the Costs of Delivery;
- « Total Price »: the total cumulative amount of Prices of Goods which are the subject-matter of the Order; such amount shall be understood as including all taxes;
- « All-Inclusive Price »: the Total Price to which the price for the Costs of Delivery is added; such amount shall be understood as including all taxes;
- « Website »: « www.courbet.com» Online Sale website used by the Seller to market its Goods;
- « Validation of the Order »: shall have the meaning described in Article 5;
- « Online Sale »: marketing of the Seller's Goods via the Website;
References toArticles shall be references to articles of this Contract, unless otherwise provided.
Any reference made in the singular shall include the plural and vice versa.
Any reference to a gender shall include the other gender.
Article 2. - Purpose
The purpose of this Contract shall be to define the rights and obligations of the Parties within the framework of the Online Sale of Goods offered for sale by the Seller to the Client.
Article 3. - Scope of application
These terms and conditions shall apply only to consumers, as defined by the law and caselaw, acting exclusively on their own behalf.
In accordance with Articles L. 111-1 and L. 111-3 of the Code de la consommation [French Consumer Code], the essential characteristics and prices of the Goods sold electronically shall be available on the Website.
Furthermore, the Client shall receive the information provided for under Articles L. 121-8 and L. 121-19 of the French Consumer Code, before and after the conclusion of the sale, including by means of these General Terms and Conditions of Sale.
These Terms and Conditions shall apply to all sales of Goods made by the Seller via the Website in any country whatsoever.
The Client hereby declares and represents having read these Terms and Conditions before Validation of the Order as defined under Article 5. Validation of the Order shall be deemed to be an unconditional and unreserved acceptance of these Terms and Conditions.
These Terms and Conditions shall apply to Orders made for Delivery in any country in the world.
Article 4. - Entry into force and Duration
The Contract shall enter into force at the date of Validation of the Order as defined under Article 5.
The Contract shall be concluded for the duration necessary for the supply of the Goods, until extinction of the guarantees and obligations owed by the Seller.
Article 5 . - Order of the Goods and Stages for Conclusion of the Online Sale
In order to complete the Order, the Client must necessarily follow the following steps:
- 1. Type the address of the Website;
- 2. Follow the instructions provided on the Website and in particular the instructions necessary to open a client account ;
- 3. Fill in the order form. In case of prolonged inactivity during connection, the selection of Goods made by the Client before such inactivity may be lost. The Client shall then be invited to restart the selection of Goods from the beginning of the Order ;
- 4. Check the elements of the Order and, if necessary, identify and correct mistakes;
- 5. Confirm the Order, Total Price as well as All-Inclusive Price (the « Validation of the Order ») ;
- 6. Follow instructions of the online payment terminal used to pay the All-Inclusive Price.
The Client shall then receive electronically and without delay a confirmation of acceptance of payment of the Order.
The Client shall also receive electronically and without delay an acknowledgement of receipt which shall be regarded as confirmation of the Order (the « Order Confirmation »).
The Client shall receive electronic confirmation of the shipping of the Order.
During the various above mentioned steps of the Order, the Client undertakes to comply with these contractual terms and conditions in accordance with Article 1366 of the Code civil [French Civil Code].
The Seller undertakes to fulfil the Order subject to available stocks of Goods. Should the Goods be unavailable, the Seller hereby undertakes to inform the Client.
However, pursuant to Article L. 121-11 of the French Consumer Code, the Seller reserves the right to decline acceptance of the Order, where it is abnormal, made in bad faith or on any other legitimate grounds, in particular in the event of an existing dispute with the Client concerning the payment of a previous Order.
Article 6. - Prices of Goods and Conditions of Validity
The Price of Goods sold on the Website shall be indicated respectively by article and reference.
Telecommunication costs arising from accessing the Website shall be the sole responsibility of the Client.
The offers and Prices shall remain valid until the Website is updated.
At the time of Validation of the Order, the price to be paid shall be understood as the All-Inclusive Price.
The prices of our products shall be indicated in euros including all taxes (VAT and any other taxes applicable at the date of the order), unless otherwise provided and excluding processing and shipping costs.
In case of an Order to be delivered to a country other than metropolitan France you shall be considered as the importer of product(s) concerned. Customs duties or any other local taxes or import duties or State taxes may be due. Such duties and sums shall not be the responsibility of the company Courbet. They will be borne by you and will be under your sole responsibility, in respect of both declarations and payments required to be made to competent authorities and bodies in your country. We recommend that you inform yourself of any requirements of this sort by consulting local authorities.
All orders irrespective of their origin shall be paid in euros.
The company Courbet hereby reserves the right to modify its prices at anytime, but the product will be invoiced on the basis of the rate in force at the time of validation of the order and subject to availability.
Products shall remain the property of the company Courbet until full payment of the price.
Warning: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products shall pass to you.
Photos of the jewellery shall only be shown for illustrative purposes. The Seller hereby invites the Client to consult the description provided for each piece of jewellery to be informed of its specific characteristics. In order to provide exhaustive, precise and up-to-date information, Courbet shall constantly update the information published on the website www.courbet.com. However, there is no guarantee that the website www.courbet.com shall be devoid of any error.
Article 7. - Terms of Payment
Payment of the All-Inclusive Price by the Client shall be made using one of the following means of payment: payment card (Debit card, Visa, Master Card, American Express) and Paypal®.
The transaction shall be immediately debited from the Client’s card after verifying its data, as of receipt of the debit authorisation issued by the card company used by the Client.
In accordance with Article L. 133-8 of the Code monétaire et financier [French Monetary and Financial Code], the payment undertaking provided by means of a payment card shall be final. By communicating the information related to a payment card, the Client authorises the Seller to debit the payment card to the amount corresponding to the All-Inclusive Price.
For this purpose, the Client hereby confirms that he holds the payment card to be debited and that the name appearing on the payment card is his own. The Client shall communicate the number and expiry date of his payment card as well as the digits of the visual cryptogram.
Should debit of the All-Inclusive Price be impossible, the Online Sale shall be immediately and automatically terminated and the Order shall be cancelled.
Article 8. - Delivery of the Order
8.1. Mode of Delivery
The Client shall select one of the Modes of Delivery offered on the Website when making the Order.
8.2. Delivery Address
The Client shall select a valid address for Delivery, otherwise the Order will be rejected. The Client shall bear sole responsibility in case of non-delivery due to a failure to provide sufficient details at the time of the Order.
8.3. Amount of Costs of Delivery
The amount for the Costs of Delivery shall be indicated to the Client before Validation of the Order. The prices of delivery outside Metropolitan France shall be indicated on our Website at the time of the Order.
8.4. Delivery Times
Delivery Times shall be available on the Website and may vary according to the availability of Goods which are the subject-matter of the Order.
Delivery Times shall be calculated in working days and shall correspond to the average time period required to prepare and ship the Order to the delivery address.
Delivery Times shall commence on the date of Confirmation of the Order by the Seller.
In the event that the Client orders several products at the same time and only some of them are subject to delays, the Seller will be entitled to split shipping. In such case, the Seller will provide information on arrangements made before starting the delivery process.
Should the package appear damaged, stolen or destroyed, the Client must reject its delivery by the carrier and inform the Seller of such refusal.
In case of late Delivery, the Order shall not be cancelled.
The Seller will inform the Client by email that Delivery will be delayed. The Client will then be entitled to cancel the Order and will send a cancellation notice for the Order by email to the following address firstname.lastname@example.org.
If the Order has not yet been shipped at the time of receipt by the Seller of the Client’s cancellation notice, the Delivery shall be suspended and the Client shall be reimbursed for any sums debited within a period of fifteen days of receipt of the cancellation notice. If the Order has already been shipped at the time of receipt by the Seller of the Client’s cancellation notice, the Client can still cancel the Order by refusing the package. The Seller will then reimburse the sums debited and the return shipping costs paid by the Client within a period of fifteen days of receipt of the entire returned and rejected package in its original condition.
8.5. Delivery Tracking
The Client may check progress in processing the Order in the section dedicated to this purpose on the Website.
8.6. Verification of the Order upon receipt
The Client shall be responsible for verifying the condition of the packaging as well as the Articles at the time of Delivery.
It is the responsibility of the Client to express any reservations or claims he deems necessary, or to refuse the package where the package is visibly damaged at the time of Delivery. Said reservations and claims must be made to the carrier by registered letter with return receipt requested within three working days, not including bank holidays, of the date of Delivery of the Goods. Furthermore, the Client must send a copy of this letter to the Seller. Failure to make a claim within the above-mentioned period shall extinguish all rights of action against the carrier in accordance with Article L. 133-3 of the Code de commerce [French Code of Commerce].
The Client must check that the Goods which have been delivered correspond to the Order. Should the Goods fail to conform in nature or quality to the specifications stipulated in the Delivery note, the Client must inform the Seller’s client service by email to the address email@example.com and return the Goods to the address indicated under the terms of Article 8.
Article 9. Right of withdrawal
The Client shall have a right of withdrawal which he may exercise within the legal period of fourteen calendar days of the date of receipt or collection of the Order.
This period is extended to thirty (30) days by CourbetShould such period expire on a Saturday, Sunday or official holiday or a non-business day, the period shall be extended to the first working day which follows.
The request for withdrawal must be made substantially in the form of the withdrawal form attached to the Conditions.
A Client who wishes to exercise his right of withdrawal must return the Articles within the above-mentioned period of thirty days, in their original packaging (case), complete, unused accompanied by the invoice and authenticity certificate.
9.2. Refund policy
Products that have been personalized under your request will not be exchanged nor refunded.
Products that have been engraved will not be exchanged nor refunded.
Article 10. - Claims
The Client must send any claim he may have to the Seller’s customer service by post or by email to the address firstname.lastname@example.org quoting the reference and date of the Order.
Only complaints related to the Online Sale of Articles will be taken into account.
Article 11. - Guarantees
The Seller shall be subject to the legal guarantees provided for under Articles L. 217-4, L.217-5 and L.217-12 of the French Consumer Code and Articles 1641 and 1648 of the French Civil Code:
Provisions of the French Consumer Code on the legal guarantee of conformity
The seller shall deliver a product which conforms to the contract and shall be held liable for any lack of conformity which exists upon delivery. He shall also be held liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if he assumed responsibility for it under the contract or had it carried out under his responsibility.
The product shall be in conformity with the contract where:
- 1° it is suitable for the purpose usually associated with such a product and, where applicable: - it corresponds to the description given by the seller and has the features that the seller presented to the buyer in the form of a sample or model;
- - it has the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, in particular in advertising and labelling; or
- 2° it has the features defined by mutual agreement between the parties or is suitable for any special requirement of the buyer, which was made known to and agreed by the seller.
The right of action resulting from a lack of conformity shall be time-barred two years from the date of delivery of the product.
Provisions of the French Civil Code on the guarantee against hidden defects
The seller shall guarantee the item sold against hidden defects that render it unsuitable for its intended use, or that impair its use to such an extent that the buyer would not have bought it, or would only have paid a lesser price for it if he had known of the defects.
Article 1648, al. 1er
The right of action resulting from essential defects must be brought by the buyer within two years of discovery of the defect.
Article 12. - Intellectual property rights
The trademark COURBET, as well as all figurative and non-figurative trademarks and more generally any other trademarks, illustrations, images and logos appearing on the Goods, their accessories and packaging, whether registered or unregistered, are and will remain the exclusive property of the Seller. Any reproduction in full or in part, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the Seller’s express prior agreement, shall be strictly forbidden. The same shall apply to any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign designed to form a composite logo. The same shall apply to any copyright, drawing, model and patent which are the property of the Seller.
Article 13. - Data privacy
The information requested from the Client is necessary to process the Order.
If the Client agrees to communicate individual personal data, he shall have an individual right to access, withdraw and rectify such data under the conditions provided for by French Law No. 78-17 of 6 January 1978 on “Informatique et Libertés” [Data Protection Law]. The Client must send any written request to the following address email@example.com or by post to the address Courbet - 7 place Vendôme - 75001 Paris.
In browsing the Website, the Client will have the possibility to choose whether he wishes to receive offers from the Seller and its partners.
Finally, the Customer can register for free for the BLOCTEL telephone canvassing system (https://inscription.bloctel.fr)
Article 14. - Force Majeure
The Seller’s performance of its obligations under the terms of this Contract will be suspended in the event of an unforeseeable incident or force majeure which would impede or delay its performance.
The Seller will inform the Client of the occurrence of such an unforeseeable incident or force majeure within thirty days of the date of the incident’s occurrence.
Where performance of the Seller’s obligations has been suspended for a period of more than thirty days, the Client shall have the right to cancel the current Order and the Seller will then reimburse the Order under the conditions referred to in Article 7.
Article 15. - Invalidity of contractual provisions
Should any of the provisions of this Contract be declared null and void, such invalidity will not render null and void other provisions of the Contract which shall remain in force between the Parties.
Article 16. - Modification of the Contract
Any amendment to, withdrawal or waiver of any of the provisions of this Contract will be valid only after the Parties have signed a written agreement.
Article 17. - Independence of the Parties
Neither party may make commitments in the name and/or on behalf of the other Party. Moreover, each Party shall bear sole responsibility for his own statements, commitments, services, products and personnel.
Article 18. - Non-waiver
Failure of one of the Parties to require performance by the other Party of any of the obligations made pursuant to this contract, may not be interpreted as a waiver, for the future, of the obligation in question.
Article 19. - Governing law
This Contract shall be governed by French law.
Article 20. - Competent jurisdiction - Amicable settlement of disputes
Pursuant to Article L. 612-1 of the French Consumer Code « Any consumer may use the services of a Consumer Ombudsman, free of charge, with a view to finding an amicable settlement to a dispute with a professional. »
Disputes falling under the scope of application of Article L. 612-1 of the French Consumer Code are defined under Article L. 611-1 of the French Consumer Code and include disputes of a contractual nature concerning the performance of a sales contract between a consumer and a professional. The text covers domestic and cross border disputes.
Pursuant to Articles L.111-1 6°) and L.616-1 of the Consumer Code, you can use the DEVIGNY MEDIATION mediation service free of charge, which we report electronically: http://www.devignymediation.fr/ or by post: 9 Avenue René Gasnier D01, 49100 Angers