WRG ONLINE SALES TERMS AND CONDITIONS
Version of 18/06/2018
PRELIMINARY ARTICLE
The distance selling system by electronic means (Internet) of a selection of items offered by WHITE RIVER GEMS put in place assumes an active approach on the part of the consumer. It complies with the legal requirements for online sales and consumer protection.
ARTICLE 1: SCOPE
These general conditions of online sale (the " Terms of Sales ") are applicable to all sales of items concluded through the Internet distance selling site (the " Online Store ), accessible at the following address: www.white-river-gems.com (the “ Site "), for delivery in France, Germany, Austria, Balearic Islands, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovakia and Slovenia.
Their purpose is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (above and below " WRG ") proceeds with the sale and delivery of the items ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of items by WRG to the consumer (the " Buyer ").
The Buyer, by ticking a box provided for this purpose, acknowledges having read these General Conditions of Sale before placing the order (the " Ordered ”) and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature on the part of the Buyer. If you refuse to accept these General Conditions of Sale, you will not be able to order from the Site.
In accordance with the provisions of article 1127-1 of the Civil Code, these General Conditions of Sale may be kept by any person visiting the Site, by means of a computer recording and may be reproduced, by means of their printing. You can print the text of our General Conditions of Sale from your browser by pressing CTRL+P under windows and linux or ⌘+P on mac.
WRG reserves the right to modify these General Conditions of Sale at any time. Nevertheless, the General Conditions of Sale applicable to the Order are those accepted by the Buyer at the time of placing the Order.
ARTICLE 2: IDENTIFICATION OF THE SELLER
The items are sold by White River Gems, a sole proprietorship, whose head office is located at 9 place Kléber 67000 Strasbourg – France, registered in the Trade and Companies Register of Saverne under number 532 220 746, telephone : +0033 (0) 6 08 55 81 77, email: ethoreux@gmail.com. Its Siret number is 532 220 746 000 20 and its intra-community VAT number is FR 55 532 220 746.
ARTICLE 3: INFORMATION RELATING TO THE ARTICLES
Information relating to all WRG items likely to be sold through the Online Store is available, with their references. Any description and information concerning the weight of precious materials and the number of carats are given for information only and may vary slightly. This information complies with the requirements required by the legal and regulatory texts in force and, in particular, by Articles L. 111-1 and L.111-2 of the Consumer Code.
Despite all the care that WRG takes in the presentation of its items on the Online Store, WRG cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. Shade variations may in particular occur, in particular due to the technical limitations of the color rendering of computer equipment. WRG cannot be held responsible for non-substantial errors that may occur.
WRG is likely to modify at any time the assortment of items offered for sale on its Site, depending in particular on the constraints linked to its suppliers, without prejudice to the Orders placed by the Buyer and may limit the quantity of WRG items likely to to be ordered by a Buyer during a single purchase operation. Only items with an "Add to Cart" button can be sold through the Online Store.
For any question relating to the articles and their use, any additional question or request for advice, the Buyer can contact us by the means described in the "Contact" section of the Site.
ARTICLE 4: ORDERS OF ARTICLES
Any Order implies acceptance of these General Terms and Conditions of Sale, the “Confidentiality” Policy » and the Policy of « Cookies” , without prejudice to the specific contractual conditions concluded between the Parties.
4.1 Online Store Orders.
Orders may be placed via the Internet on the Site.
The Purchaser bears the cost of telecommunications when accessing the Internet and using the Online Store.
In the event of prolonged inactivity during the connection, it is possible that the selection of the articles chosen before this inactivity is no longer guaranteed. The Buyer will be invited to resume his selection of items from the start.
The Order is made by selecting an item that the Buyer wishes to acquire and by adding it to the basket by clicking on the corresponding button “Add to basket” from the product sheet. This basket does not in itself constitute an order likely to bind the WRG sole proprietorship.
Once the Buyer has selected all the items he wishes to purchase, he must confirm the contents of the basket and place the order. Pages then successively summarize the details of the desired items and their price, the delivery conditions and the method of payment that the Buyer must select.
The Buyer must hold a customer account and must accurately fill in his identity, contact details, as well as a valid email address and a password. When the Buyer has registered his account on the Site, he will receive an e-mail which will allow him to access his account on the Site and create a permanent connection identifier for his account and a password. past.
WRG may occasionally modify the information necessary for placing a new order or registering accounts. These modifications will be published on the Site.
In case of modification of the information communicated by the Buyer on the Site, the Buyer must connect to his account and update them directly on the Site. Further, in the event that WRG has reason to suspect that a third party has violated a Buyer's registration, password and/or account login ID, WRG will immediately cancel and terminate such account. and notify the Buyer of the termination by e-mail or telephone.
The Buyer will have the possibility, before definitively validating his Order, to check the details of his Order and its total price and to correct any errors, before confirming it to express his acceptance. Attention, any Order entails the obligation to pay. To definitively validate an Order, click on the “Proceed to payment” button.
From the moment the Buyer has validated his Order, WRG will acknowledge receipt thereof without delay and electronically.
Once payment has been confirmed and duly made, an order confirmation (the “ Order confirmation ”) will be sent by email to the Buyer. On this Order Confirmation will appear the total amount of the Order, the essential characteristics, the quantity and the price of the items purchased and will be attached to these General Conditions of Sale, as well as the invoice corresponding to the purchase.
This Confirmation constitutes acceptance of the Purchaser's Order by WRG, thereby indicating the existence of a binding contract of sale.
WRG recommends that the Buyer keep this Confirmation on paper or computer. In the event of non-receipt of these emails, it is recommended that the Buyer check whether they are lodged in the spam folder. The Buyer is informed that the emails are sent to the email address provided by the Buyer. Also, in the event of an error in entering the e-mail address concerned, or non-receipt of the message confirming the dispatch of the Order, WRG cannot be held liable. In this case, the sale will be considered final, excluding cases of cancellation of the Order by WRG, in particular for unavailability of items, non-payment or suspicion of fraud. The Buyer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 9 of the General Conditions of Sale.
The items offered for sale by WRG are those that appear on the Online Store, on the day the Buyer consults the Online Store, and within the limits of available stocks. WRG reserves the right to withdraw items from sale at any time. In any case, and in the event of the total or partial unavailability of the articles after placing an Order, the Buyer will be informed by e-mail as soon as possible of the unavailability of the Article and the total cancellation or part of his Order.
In the event of total cancellation of the Order, WRG will contact the Buyer to inform him of the cancellation of his Order and proceed with the reimbursement which will take place as soon as possible and no later than within 14 days.
In the event of partial cancellation of the Order:
- The Order will be validated and the bank account will be debited for the entire Order
- The Buyer will be delivered available items. WRG will contact the customer to inform him of the unavailable items and proceed with the refund, which will take place as soon as possible, and at the latest within 14 days of the dispatch of the available items.
4.2 Refusal of Orders
WRG reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the WRG Site, including on the occasion of previous Orders.
ARTICLE 5: PRICE OF ARTICLES
The price of the items, indicated in Euros, includes all taxes.
Unless expressly stipulated otherwise when placing the Order on the Online Store, these prices do not include shipping costs, invoiced in addition to the price of the items purchased. Shipping charges will be quoted prior to checkout of the Order by the Buyer. The different shipping methods are provided for below in the General Conditions of Sale and are recalled on the Site; they can be modified at any time by WRG.
Also, WRG advises any Buyer to regularly consult the General Conditions of Sale appearing on the Site. The sale prices of items online on the Site are those in effect at the time of placing the Order by the Buyer. Sale prices of items and delivery charges may be changed by WRG at any time. This change will be notified to the Buyer before any Order.
WRG carries out regular checks to verify that the prices charged are correct; however, some prices may be affected by an error. If WRG notices a price error in the Order, the Buyer will be informed as soon as possible. WRG reserves the right to cancel the Order for the item affected by a pricing error. If the Order has been paid for, the Buyer will be immediately reimbursed for the amount paid and, if applicable, if the Order has been delivered, it must be returned to WRG.
All Orders must be paid for immediately upon placing an Order. In the event of unavailability of certain items ordered, the rules described in article 4.1 will apply.
The Buyer will receive, during the Order Confirmation, for each of the items, written confirmation of the price paid detailing the price of the items and the delivery costs, if any, charged to him.
It should be noted that the VAT will vary according to the country of delivery of the articles.
The actual VAT related to the Buyer's Order will be calculated at the time his Order is to be shipped. If changes are made to the legislation in force between the date of placing the Order and the date of receipt of an Order Confirmation may result in changes to the sales tax related to the Buyer's Order. If this results in an increase in sales tax for which Buyer is liable, WRG will contact Buyer and ask Buyer to reconfirm his Order.
ARTICLE 6: PAYMENT CONDITIONS
Payment for the Buyer's purchases on the Site can be made :
- by bank card (cards from the "CB" network, Visa, Eurocard/Mastercard, American Express are accepted) via the payment system issued by STRIPE.
- By bank transfer to the following CREDIT AGRICOLE ALSACE VOSGES professional bank account:
RIB FRANCE
Bank: 17206 Counter 00019 Account number 93018082231 Key 06
FOREIGN IBAN
FR76 1720 6000 1993 0180 8223 106 BIC AGRIFRPP872
Name and address of the holder: Mr. Emmanuel THOREUX, 9 place Kléber 67000 Strasbourg- France
- other means of payment (cheque, cash, etc.) are possible under certain conditions
In this case, the Buyer's bank card is debited for all Orders as soon as the Order is dispatched;
When ordering on the Site, you will need to provide your payment details on the appropriate form.
The Buyer guarantees to WRG, when placing an Order via the Internet, that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his own, then communicates either by telephone or in an environment secure on the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of his bank card.
In order to process the Purchaser's Order, WRG may proceed to the prior authorization of its payment card. The amount of his purchase will be blocked on his payment card until the shipment of his order to the shipping address provided to WRG, an Order Confirmation will then be communicated to you and your payment card debited for the price of applicable purchase. By submitting an offer to purchase items on the Site, the Buyer expressly authorizes WRG to perform the payment card pre-authorization operation and, if WRG deems it necessary, to transmit or obtain information (including updated information) about him to or from third parties, including but not limited to his payment card number, in order to authenticate his identity, validate his payment card, obtain initial authorization payment card and to authorize individual purchase transactions.
In the context of Internet payments, the check will be carried out online with the competent banking establishments and organisations, questioned via the STRIPE payment system (https://stripe.com/fr/payments). Stripe is an American company of Irish origin, intended for internet payment for individuals, it will carry out for this purpose the storage and automated processing of information relating to each Order, including bank card details, in a secure environment.
In addition, in order to fight against Internet fraud, WRG implements processing relating to risk assessment and the prevention of payment fraud for purchases on the Site, for which WRG also calls on the company STRIPE. The data collected is intended only for authorized persons in charge of the fight against fraud within WRG. The company asks 7 days verification to combat fraud, after which the funds go directly to the destination account.
In the event that, for any reason whatsoever (objection, refusal of the issuing centre, etc.), the debiting of the sums owed by the Purchaser proves impossible, the purchase process on the Internet will be immediately cancelled.
ARTICLE 7 - COMPLIANCE WITH REGULATORY STANDARDS AND CONVENTIONAL
DIAMONDS: All diamonds purchased by WRG are purchased from legitimate sources not involved in conflict financing, in accordance with United Nations resolutions. WRG hereby guarantees that these diamonds do not originate from conflict zones, a guarantee based on its knowledge and/or on written guarantees issued by the supplier of these diamonds.
ARTICLE 8 – DELIVERY AND RECEIPT
8.1 General rules
Delivery means the transfer to the Buyer of physical possession of the items.
Items ordered by the Buyer in accordance with these General Conditions of Sale will be delivered to the address indicated by the Buyer as the delivery address on the relevant Order (“ Delivery address ").
The information concerning the delivery methods is also accessible from the basket validation page, as well as on the Order summary page, before payment of the latter. The Delivery Costs are to be added to the total price of the Order and will be communicated to the Buyer prior to the validation stage of his Order.
No delivery will be made by WRG if full collection of the price proves impossible.
The delivery of the items can only take place at the Buyer's permanent residence or at his professional address, in France, Germany, Austria, Balearic Islands, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia. For other countries, the Buyer is invited to contact WRG.
The Buyer also has the option of having the items delivered to a natural person of his choice whose permanent residence is located in France, Germany, Austria, Balearic Islands, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovakia, Slovenia, for example as part of a gift.
It is understood that no delivery can be made to hotels, transit agencies, campuses, relay points or post office boxes. The delivery of the items will take place after the payment of the amount of the Order has been recorded.
In accordance with the provisions of the Consumer Code, the delivery of the items ordered will take place within the deadlines communicated by WRG and, in the absence of any indication, in any case no later than 30 days from the Order, subject to the full payment of the price.
Any delay in delivery will authorize the Buyer to cancel his Order under the conditions of article L.216-2 of the Consumer Code.
8.2 Characteristics of the delivery methods of the Site
The items ordered by the Buyer are delivered by post to the delivery address provided by the Buyer when placing the Order, in tracked delivery.
In order for the deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as in particular street number, building number, staircase number, access codes, phone numbers, etc.). intercom, etc…).
The applicable delivery costs are those mentioned on the Site at the time of the Order according to the country of delivery selected by the Buyer. Delivery costs will not be invoiced to the Buyer if the amount of the order is greater than 1,000 Euros.
8.2.1 The shipping costs are dependent on the value, size (dimensions) and destination of the package.
8.2.2 These fees are calculated as follows :
Value < €45 for metropolitan France : 3.00€
Value > 45€ for metropolitan France : 6.00€
Value < 45€ for abroad and DOM-TOM: 7.50€
Value > 45€ for abroad and DOM-TOM: 15.00€
The risks relating to the products weigh on WRG until their delivery to the Buyer, who becomes responsible for them as soon as they are delivered to the delivery address indicated during the Order.
8.3 Anomaly, damage, damaged package
WRG recommends, in order to avoid any dispute, that the Purchaser check the conformity of the items at the time of delivery and indicate, as far as possible, on the delivery note, in the form of handwritten reservations accompanied by his signature, any anomalies noted (open package, damaged product, etc.).
In the event of non-compliance of the items purchased or if they do not satisfy the Buyer, the latter may return them or request an exchange or a refund under the conditions provided for in Articles 8, 9 or 10 depending on the case.
ARTICLE 9: RIGHT OF WITHDRAWAL AND RETURN OF ARTICLES
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Buyer has a right of withdrawal.
Thus, the Buyer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) days after receipt of the article concerned. If the Buyer has ordered several articles in a single Order, or if the delivery of the articles has been made in several parts, the withdrawal period does not begin before the Buyer, or the third party designated by him other than the carrier, takes physical possession of the last item or the last part of the delivery.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for Orders relating to:
- the supply of goods made to the Buyer's specifications or clearly personalized;
- the supply of goods which have been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.
To notify his decision to withdraw, the Buyer may use the withdrawal form at the bottom of these General Conditions of Sale and enclosed in his package, or any other unambiguous declaration. This request must be sent to customer service by email at the following email address : ethoreux@gmail.com.
The Buyer will immediately receive an acknowledgment of receipt of his request for withdrawal which will be sent by email.
The refund will take place no later than fourteen (14) days following the communication of the Buyer's decision to withdraw or within two (2) working days of receipt by WRG of the returned items.
Reimbursement of sums paid for the returned item(s), including delivery costs, will be made, depending on the method of payment for the items, by crediting the Buyer's bank account corresponding to the credit card used for payment.
In all cases, the Buyer must return the items delivered in their original packaging, complete (boxes, certificate of authenticity, accessories, protections, labels, booklets, etc.) and accompanied by the return form duly completed as well as a copy of the invoice. Items returned incomplete, damaged, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to him.
ARTICLE 10: COMPLAINTS - INFORMATION
For any information, complaint or question relating to the General Conditions of Sale put in place by WRG or to the items themselves, Buyers must contact WRG on the Site via the "Contact" form, recalling their number if necessary. control.
ARTICLE 11: DATA PROTECTION PERSONAL
WRG collects the personal data of the Buyer as well as, where applicable, that of the recipient of the Order.
In accordance with the Personal Data Protection Regulations (“Informatique et Libertés” law, European Data Protection Regulation of 27 April 2016 and any national law that must supplement it), any person whose data is the subject of a treatment has a right of opposition for legitimate reasons, a right of access, as well as a right of rectification, limitation or deletion of information concerning him which would no longer be relevant, a right to portability, a right of opposition at any time in the context of an opposition to the use of data for commercial purposes, as well as a right to communicate directives relating to the fate of its data after its death. These rights can be exercised according to the methods indicated in the confidentiality policy and in the Cookies policy of the Site.
SECTION 12 : RETENTION OF OWNERSHIP
WRG retains full and complete ownership of the items sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than for personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its author to the penalties provided for both by the Intellectual Property Code, in particular in respect of copyright infringement (article L.335-1 et seq.), and by the Civil Code in matters of civil liability (articles 1382 and following).
SECTION 14 : SIGNATURE AND PROOF
WRG works to protect the personal information of its Buyers by ensuring a high level of security, but the Buyer also has a role to play in the protection of his personal data. In particular, the Buyer must maintain the security of his online transactions, for example by not disclosing his username (Buyer's e-mail address) and/or password to anyone and by changing his password regularly.
As such, WRG cannot be responsible for the disclosure of information concerning the Buyer to any individual who has used his identifier (Buyer's e-mail address) and/or his password. As such, the use of the identifier (e-mail address of the Buyer) and/or the password of the Buyer will constitute proof of his identity, and payment, upon validation of the Order, of the sums corresponding. WRG can in no way be held responsible for the fraudulent use of this information.
The provision of the bank card number and the final validation of the Order will be worth proof of acceptance of the said Order and will be worth payment of the sums committed by the seizure of the articles appearing on the Order. The computerized registers kept in the computer systems of WRG and its partners will be considered as proof of the communications, Orders and payments made between the Parties.
SECTION 15 : FORCE MAJEURE
The execution by WRG of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure as defined in article 1218 of the civil code which would hinder or delay its execution.
WRG will inform the Buyer of such fortuitous event or force majeure within eight (8) days of its occurrence. The occurrence of such an event results in the suspension of the execution of these general conditions of sale.
SECTION 16 : RESPONSIBILITY
16.1 WRG can only be held responsible for direct and foreseeable damage during the ordering of the product by the Buyer resulting from the use of the website www.white-river-gems.com by the Buyer as well as items sold.
16.2 WRG cannot be held liable for any direct or indirect damage that may result from the use of the Site, including inaccessibility, loss of data, damage, destruction or viruses that may affect users' computer equipment and/or or the presence of viruses on the Site.
16.3 WRG does not guarantee the legality or accessibility of the content of the website www.white-river-gems.com for all countries in the world. The Buyer must therefore ensure compliance with the regulations applicable in the country in which the Buyer uses the website.
SECTION 17 : DISPUTES - APPLICABLE LAW
These General Conditions of Sale are governed and interpreted in accordance with French law. In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, the Buyer has the possibility of resorting to a conventional mediation procedure or to any other procedure for alternative dispute resolution. Any disagreement or so-called consumer dispute may be the subject of an amicable settlement by mediation.
The Purchaser remains free to accept or refuse the use of mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or recourse to mediation, all disputes to which the General Conditions of Sale could give rise will be submitted to the court of Saverne.
The fact for one of the Parties not to avail itself to the other Party of a breach of any of its obligations referred to in these General Conditions of Sale, cannot be interpreted for the future as a waiver of the obligation in question.
FORM OF WITHDRAWAL
(Please complete and return this form only if you wish to withdraw from the contract ).
To the attention of WRG at the following email address : ethoreux@gmail.com
- I/We [*] hereby notify you of my/our [*] withdrawal from the contract relating to the sale of the goods [*]/for the provision of the service [*] below
- Good ___[reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of notification of this form on paper)
-Date
[*] Delete as appropriate.