General conditions of distance selling.
In effect for all orders placed from 07/01/2019
The company HUGUENIN, SARL with capital of 2,000 euros, registered in the PARIS trade and companies register under number 523 058 907, whose head office is located at 73 rue Notre-Dame de Nazareth 75003 Paris - Telephone: 09 52 42 72 70 - To e-mail address: firstname.lastname@example.org . TVA FR 705 230 589 07, publishes the electronic commerce website accessible at the address : http://www.samuelhuguenin.fr (hereinafter the “Site”).
The Site offers for sale a collection of jewelry (rings, earrings, necklaces, etc.) manufactured by the Company, marked with a unique maker's mark issued by the French administration and specific to the Company, guaranteeing their preciousness. the metal used and its origin.
The metals used are 18 karat yellow gold (750/1000), 18 karat pink gold (750/1000), 18 karat white gold (750/1000), or solid silver ( 925/1000).
When you visit the Site, you have the opportunity to read each product, by clicking on the photograph presented, which results in the display of a dedicated page including a more precise photograph and a text describing the main characteristics of the product in question.
ARTICLE 1: OBJECT 1.1
The purpose of these general conditions of sale, or "GTC", is to establish the terms and conditions for distance selling and the delivery of one or more products, as described on the Site as well as in the preamble, and hereinafter defined by the term "Jewel (x)".
The GTC constitute a contract between the Company and the natural person of full age and fully capable, acting for purposes other than for the needs of his professional activity, and proceeding to the payment of an order under the conditions specified below, this person being designated in the GTC by the term "you ".
1.2 The GTC are the only legal act applicable to any order placed by the Site, and are subject to acceptance by you under the conditions specified below. Any order for Bijou (x) placed on the Site is subject to the GTC in force on the day of the order.
1.3 All of the information relating to the Jewelery covered by these GTCS (price, names, definitions, detailed descriptions: properties, characteristics and composition, etc.) offered for distance sale on the Site are available, in accordance with legal and regulatory requirements. applicable, on the Site, in all Samuel Huguenin stores, or by telephone by calling 09 52 42 72 70.
Although the Company strives to ensure with the greatest care the accuracy of the information published on the Site, in advertisements or in catalogs, it does not provide any warranty, express or implied, regarding the accuracy, reliability and completeness of such information.
The Company does not guarantee the price of a Jewel before an order confirmation is issued by our services, thus indicating the existence of a legally binding sales contract. If the correct price for a Samuel Huguenin product is higher than the price displayed on our website, then we will contact you for your instructions before shipping the order. Without any news from you we will cancel the order, you will be informed by e-mail.
The Company also strives to guarantee the reliability of the visuals, descriptions, photographs, or graphic representations of materials and stones displayed on the Site or in our catalogs, within the limits of the technique and in compliance with market standards. However, we do not guarantee that these elements are error-free. Whether this is due to an inaccuracy, an omission, an obsolete element or for another reason, the Customer has in this case the faculty to notify us so that we proceed to a return procedure, subject to informing us in the 3 (three) days of reception.
ARTICLE 2: COUNTRY
The distance selling of Jewelry is carried out in the European Union1 under the conditions provided for by the GTC, this territory being defined below as the “Delivery Zone ”.
For any territory located outside the Delivery Zone, you are invited to contact the Company directly by email : email@example.com , so that it can determine whether the order you wish to place can be insured, in particular taking into account (i) the risks associated with delivery under usual conditions, and (ii) the valuation of customs duties.
ARTICLE 3: PRICE
3.1 Price. The price due to the Company is made up of the total of the following different elements:
1 ° the price of each Jewel in euros, excluding Tax, plus the Value Added Tax in force on the day of the order;
2 ° the delivery costs in euros excluding Taxes and All Taxes included, where applicable. The prices of each Jewel as the applicable delivery costs are those made available to you on the Site on the day of your order, and are therefore likely to be modified by the Company at its convenience, as long as you have not validated your order under the conditions provided for in article 4.
3.2 Means of payment made available to you on the Site to validate your order under the conditions provided for in Article 4.4 Any payment on the Site can be made:
By Credit Card: After confirming your order, the Site invites you to communicate the various information appearing on your credit card, in a secure area, ensuring the encryption of data transmitted by SSL protocol and certified by a certification authority. Your card must belong to the Groupement des Cartes Bancaires CB, or to any other group mentioned on the Site. Once the required information has been completed, and / or transmitted, then validated by you, and after acceptance of the payment request by the banking establishment, your account is debited for the full price and delivery costs. The data concerning your banking information is not stored by the Company.
Service Paypal ®. Payment can also be made through the Paypal ® service , a third-party payer who will be the sole holder of your bank details. To benefit from this service, you must create an account and accept the terms and conditions offered by Paypal ®. To do this, or for any additional information on this service, we invite you to connect to the site http://www.paypal.com.
By gift voucher: if you have a valid gift voucher issued by the Company for an amount equal to or less than the amount of your order, you can use it by entering the corresponding code attached to said voucher. The total amount of the order remaining due will then be reduced to the amount of the total amount of the voucher, this balance having to be paid by you for the order to be valid. The use of the voucher will be effective after validation of the order and its payment and the voucher will then no longer be usable. It is not possible for you to split the amount of the voucher or to transfer part of it to a subsequent order. In the event of reimbursement of the order for any reason whatsoever, the part of the price of the order paid by voucher will only be reimbursed by a voucher of an equivalent amount.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), the debit of the sums due would prove impossible, the order will not be recorded by the Company and / or will be canceled.
ARTICLE 4: ORDER
4.1. Selection. You have the possibility to select one or more Jewels on the Site, with a view to their purchase. The availability conditions of each Jewel are displayed as far as possible on the Site but will not be confirmed to you until the selected Jewel is added to the basket, depending on the actual stocks. You can also make a request for availability at any time by contacting us on 09 52 42 72 70 or sending an email to the following address: firstname.lastname@example.org, to which the Company will endeavor to respond as soon as possible. . If the Jewel is not in stock, the Company will make its best efforts to manufacture it within a maximum period of 6 weeks from the validation of the order.
The rings are made to measure. To this end, you are invited to enter the size of the finger intended to receive each ring. It is up to you to check the corresponding size before ordering, the declared size being your sole responsibility.
The bracelets are adjusted to the size indicated on the Site. Here again, it is up to you to check the corresponding size before ordering, the declared size being your sole responsibility.
The other Jewels are offered for sale in standardized sizes.
All the Jewels that you have selected during your visit to the Site appear in your “Basket”, accessible by clicking on the tab appearing at the top right of each page of the Site, which summarizes the price of each selected Jewel, the price total including tax, and delivery costs, if applicable. You have the option of freely modifying your Basket by deleting an item initially selected and / or by modifying the quantities selected and / or by adding other Jewel (s).
4.2 Identification. To be able to place an order, you must be of legal age (at least 18 years old), have your habitual residence in the territory of the European Union, have legal capacity and place an order for non-professional purposes.
After clicking on the "ORDER " button at the bottom right of your Basket, the Site offers you (i) either to create a customer account in order to record your personal data to facilitate your future orders and to be able to monitor the processing of your orders in progress, (ii) either to connect to your customer account to finalize your order if you already have such an account by entering your email and password (iii) or to order without creating a customer account by completing the personal data necessary for the processing of your order by the Company.
When creating a customer account and / or placing the order, the Site invites you to enter the following personal data: gender, name, e-mail address, date of birth, specific address / postal code / city , country (domiciliation with a company if applicable, being reminded that you cannot acquire Products on behalf of a company), telephone number. All of this information is required to be able to place an order on the Site.
If you create a customer account, the Site also invites you to choose a password, which will be associated with your email address. This password must contain at least 12 characters and 4 different types: lowercase, uppercase, numbers and special characters. Your password is personal and confidential. You are solely responsible for its use and you agree not to disclose it to third parties.
You also have the option of providing a separate billing address from the delivery address.
The data you provide to the Company is necessary to proceed with the validation of your order and its delivery. You therefore undertake to complete the information requested with the greatest attention, so that it is accurate and complete, and acknowledge that the Company can in no way be held responsible for the non-performance of one or more obligations incumbent on it. which would be due to an error or omission on your part in the information you provide.
4.3 Confirmation of your order (double click). After completing your personal data, or logging in, you are invited to click on the "VALIDATE MY ORDER" button. The Site summarizes one last time, on the same page (i) the detailed content of your Basket, (ii) the total due, (iii) the cost of delivery. You then have the possibility to confirm the content, after having read the GTC and acknowledging it by checking the box specifying "I acknowledge having read the General Conditions of Sale and accept the terms", then by clicking on the button " Payment by credit card" or the button "payment by paypal ". Until this last step, you have the option to go back and correct any possible error. If you ultimately renounce your order, it is your responsibility to interrupt the procedure by returning to the reception of the Site or by leaving it.
4.4 Payment. From the validation of your order, as described in article 4.3 above, the Site invites you to proceed to payment of the corresponding price, calculated under the conditions provided for in article 3.
Once the payment has been made and validated by your banking institution, the Company and you are bound by the GTCS.
The order can no longer be canceled, except in the cases provided for in articles 5.2, 7.1, and 10.1. You will then receive an email acknowledging receipt of your order to the address provided by you, and containing a summary of it, as well as delivery times, the order number, as well as a copy of the GTC. In accordance with the provisions of article 1126 of the Civil Code, you formally accept the use of electronic mail for confirmation by the Company of the content of your order.
4.5 Proof. You agree by placing an order on the Site that the emails exchanged with the Company will be binding between the parties.
Any order placed on the Site and all the contractual elements relating to it (order form, confirmation emails, GTC, etc.) are archived by the Company for a period of 10 years from the delivery of the Jewelry (s) ordered by you. , for any order for a sum equal to or greater than 120 euros.
It is recommended that you keep these elements but you can also at any time during this period request a copy from the Company by sending an email to the Company at the email address email@example.com or by post at the address HUGUENIN 73 rue Notre-Dame de Nazareth 75003 Paris .
ARTICLE 5: DELIVERY, DEADLINES AND RETURNS
5.1 The Company delivers the Jewelery (s) to the address indicated when ordering, via a carrier designated by the Company, within the timeframe mentioned during the order and in any event within a a maximum period of 30 (thirty) days for Jewelry mentioned as being in stock on the Site, and 6 (six) weeks for Jewelry not yet manufactured when ordering. In this regard, in the case of an order that would include several items with different delivery times, the Company awaits the availability of all the items to proceed with shipping. You will be informed of the dispatch of your order by email.
5.2 Failure or delay in delivery. In accordance with Articles L216-2 and L216-3 of the Consumer Code, in the event of a delay or failure to deliver seven (7) days after the maximum delivery date indicated, which is neither attributable to an error on your part, neither to the unforeseeable and insurmountable fact of a third party, nor to a case of force majeure, you can cancel your order by registered letter with request for acknowledgment of receipt sent to the Company during the sixty (60) days following the date maximum delivery time indicated. If delivery has not taken place between the sending and receipt of this letter, the Company will reimburse you for the full price you actually paid for each Jewel not delivered, within a maximum period of fourteen (14) days.
5.3 Reception. From the reception of your order, it is your responsibility to formulate in writing, immediately and precisely, on the delivery note, all reservations as to the condition of the packaging of the package received. In the event of receipt of a package with damaged packaging, you undertake to make regular and sufficient observations, in particular (i) by formulating justified reservations to the carrier, in writing, (ii) by keeping the disputed packaging and its content under conditions such as not to alter their condition, and (iii) by notifying the Company by email, without delay, of the deterioration (s) thus observed, in a documented manner, as well as by attaching a copy of the delivery including the reservations you mentioned therein.
5.4 Compliance. In the event that you notice that one or more Jewels do not comply with the legal guarantees mentioned in article 7, it is your responsibility to inform the Company, by RAR letter and by email, in detail, of the nature of the the non-conformity and / or defects in the (s) Jewel (s) (s) concerned within three days from its / their receipt, specifying the repair mode you want to choose among the various options provided for in the aforementioned article. In the event that you choose the full refund of the price paid for each non-conforming Jewel, it is your responsibility to send the Jewel (s) concerned to the Company, as from the latter's acceptance of this repair method, in accordance with the provisions of Articles L217-8 to L217-10 of the Consumer Code recalled below, by the Post Office or the carrier of your choice at the following address: HUGUENIN - 73 rue Notre-Dame de Nazareth 75003 Paris . The duly completed return slip must be included with the shipment. In accordance with article L217-11 of the Consumer Code, it is your responsibility to proceed with the return costs in advance, which will be reimbursed to you by the Company at the same time as the price paid.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 For Jewelry made to consumer specifications or clearly personalized :
According to Article L121-28-3 ° of the Consumer Code, the right of withdrawal usually known to consumers as part of sales contracts to distance can not be exercised for contracts to supply goods made to specifications consumer or clearly personalized.
Each Jewel with a personalized engraving or specifically made at your request, you expressly acknowledge and accept that you cannot avail yourself of the right of withdrawal provided for by articles L121-18 et seq. of the consumer code.
6.2 For other Jewelry being either in stock at the time of the order or made to order, according to your measurements and / or the customization options offered by the company, in one of the materials offered by the Company :
In accordance with the provisions of Articles L. 221-18 et seq. Of the Consumer Code, you have a right of withdrawal under the regulatory conditions for all Jewelry not covered by the exemption defined in Article 6.1.
This right can be exercised within 14 (fourteen days) of receipt of the Jewel by you, with an unambiguous written declaration, expressing your desire to retract, by email to the address contact @ samuelhuguenin .fr or by post to the HUGUENIN address 73 rue Notre-Dame de Nazareth 75003 Paris
It will then be up to you to return the article concerned, at the latest, within 14 (fourteen) days following the communication of your decision to retract, in its original packaging or in a packaging conferring an equivalent protection, in perfect condition. and accompanied by all the documents and accessories provided, as well as the delivery slip attached to said article. This return is made at your expense and the return costs will not be reimbursed by our Company, which you expressly accept. The reimbursement of the price of the returned item (including the cost of delivering the item to your address) will be made, by credit to your customer's bank account, no later than fourteen (14) days following the receipt by the Company of said articles. Any personalized, retouched or returned item damaged, used, incomplete or soiled cannot be the subject of such a refund.
ARTICLE 7 - LEGAL GUARANTEES AND LIABILITY
7.1 The Company complies with the provisions of the Consumer Code and the Civil Code in terms of guarantees. The seller is liable for any lack of conformity of the goods sold under the conditions of Articles L. 217-4 et seq. Of the Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. Of the Civil Code. These provisions are reproduced below:
Art L217-4 and L217-5 of the Consumer Code:
The seller delivers goods in conformity 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.
The good complies with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has 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 if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Art. L217-7 of the Consumer Code:
The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods sold, 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 lack of conformity invoked.
Article L217-8 of the Consumer Code:
The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
Article L217-9 of the Consumer Code:
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law. :
Article L217-10 of the Consumer Code:
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same faculty 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 the latter taking into account the nature of the good and the use he seeks.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-11 of the Consumer Code: The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.
Art L217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
Art 1641 of the Civil Code: The seller is bound by the warranty due to 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 acquired, or would have given only a lower price, if he had known them.
Art 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Art 1643 of the Civil Code: He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
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 1645 of the Civil Code: If the seller was aware of the defects in the thing, he is liable, in addition to the return of the price he received, for all damages towards the buyer.
Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he will only be required to return the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1647 of the Civil Code: If the item that had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the return of the price and other compensation explained in the two articles previous ones. But the loss occurring by accident will be for the account of the buyer.
Art 1648 al. 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.
7.2 In accordance with the foregoing, it is expressly agreed that the HUGUENIN Company makes no warranty regarding hidden defects of which she was unaware, or that (s) Jewelry (s) ordered (s) respond ( ent ) at a specific request from you, with the exception of their size, for those Jewels for which you have provided this information. Likewise, the HUGUENIN Company cannot under any circumstances be held liable for any damage or lack of conformity resulting from incorrect information that you have communicated to it.
7.3 Any Jewel that is returned damaged , worn, or soiled in a distinct way with elements of non-conformity alleged in application of article 5.4 and noted by the HUGUENIN Company cannot give rise to any refund.
7.4 Regardless of the foregoing, the HUGUENIN Company cannot be held responsible for: - errors and / or omissions referred to in article 1.3;
- interruptions or delays due to the performance of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control and for which you will be informed as quickly as possible by the Company;
- the inability to temporarily access the Site due to facts beyond its control, such as in the event of a computer failure, interruption of the telephone network and / or internet, etc.
ARTICLE 8: INTELLECTUAL PROPERTY
8.1 The Jewelry, the Site, the services offered, as well as all the content, texts, databases, software, visual and audiovisual elements that compose it are the exclusive property of the Company, and are protected by copyright law. intellectual property. Any act of exploitation of the aforementioned elements, in particular by reproduction and / or representation, is expressly prohibited.
8.2 The mark “Samuel Huguenin” is a registered trademark. No license or reproduction authorization is granted on the aforementioned mark or on any other mark used by the Company or its co-contractors.
ARTICLE 9: PERSONAL DATA
9.1 The HUGUENIN Company proceeds with your consent to the collection of personal data concerning you, as referred to in article 4.2.
The HUGUENIN Company undertakes to collect and process this personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation.
In accordance with these Rules, the Company informs you:
a) the identity and contact details of the controller:
The company HUGUENIN, SARL with a capital of 2000 euros, registered in the PARIS trade and companies register under number 523 058 907, whose head office is located at 73 rue Notre-Dame de Nazareth 75003 Paris ; Telephone: 09 52 42 72 70; e-mail address: firstname.lastname@example.org, taken in the person of its legal representative, Mr Samuel Huguenin in his capacity as manager.
b) of the processing purposes for which these personal data are exclusively intended:
The personal data transmitted are above all necessary for the execution and processing of the orders that you wish to place on the Site, for your access and use of the Site, for the management of the operation and optimization of the Site, verification, identification and authentication of the data transmitted by you.
The personal data that you transmit to us for the creation of a customer account also allow you to facilitate your subsequent orders and to follow your orders in progress.
Finally, they can be collected for the purposes of sending our newsletter, when you choose to subscribe to this service when creating your account or at any time on your account.
Finally, they are collected by the Company with your express consent if you choose to click on the box dedicated to this purpose, with the aim of disseminating its commercial offers, and
c) recipients of personal data collected by the Company:
This personal data may only be shared with third-party companies in the following cases:
-When you use the payment services, for the implementation of these services, the Site being in contact with third-party banking and financial companies with which it has entered into contracts;
-When the Company uses the services of providers to provide user assistance, advertising and payment services. These service providers have limited access to your data, as part of the performance of these services and have a contractual obligation to use them in accordance with the applicable regulations;
-If required by law, the Company may transmit data to respond to claims against the Company and comply with administrative and legal procedures;
-If the Company is involved in a merger, acquisition, disposal of assets or collective proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
d) the retention period of personal data:
This information is kept within the authorized legal limit. This duration varies according to the nature and the circumstances in which they were communicated to us.
You expressly declare and guarantee that the Company collects and processes personal data under the conditions referred to in article 4.2.
9.2 You have a right of access to personal data concerning you, as well as a right of rectification or erasure of this data, the right to obtain a restriction of processing, the right to object to the processing of these data as well as the right to the portability of this data.
You can exercise these rights by writing to the address: SARL HUGUENIN, 73 rue Notre-Dame de Nazareth 75003 Paris , France or by email to email@example.com .
However, you cannot exercise your right to erasure or to refuse processing with regard to personal data transmitted for the purposes of executing the contract and / or to comply with the Company's regulatory and legal obligations, in particular with regard to archiving. .
9.3 For the purposes of its activities and services and in particular to facilitate their proper functioning, the Site uses a system of "cookies". You must accept the deposit of cookies by validating the button provided for this purpose on the Site banner, specifying the purposes of the cookies used and the possibility of opposing them. These cookies may contain data relating to your identification and your navigation on the Site. There you specified that you can block or delete these cookies.
For Mozilla Firefox :
• Choose the " tool " menu then " Options "
• Click on the " privacy" icon
• Locate the "cookie" menu and select the options that suit you .
For Microsoft Internet Explorer:
• Choose the "Tools" menu (or "Tools" ), then " Internet Options " (or "Internet Options" )
• Click on the “Confidentiality” (or “ Confidentiality ”) tab
• Select the desired level using the cursor
For Google Chrome:
• Click on the "wrench" icon in the browser toolbar
• Choose the "Options" menu then click on "Advanced options"
• Click on "Content settings" in the "Confidentiality" section
• Click on the "Cookies" tab and select the options that suit you
ARTICLE 10: COMMON PROVISIONS
10.1 Quality of consumer. By accepting the GTC, you declare that you are acquiring the Jewelry for strictly personal purposes and in any event without direct or indirect relation with your professional activity (that is to say for purposes other than commercial, industrial, craft or liberal), this declaration being an essential and determining condition of the Company's consent to your use of the Site as well as to the sale permitted by the latter. Consequently, in the event that this declaration proves to be erroneous or misleading, the Company reserves the right to automatically cancel your order and retain the price paid as a provisional penalty, without prejudice to any additional compensation to which the Company could claim.
10.2 Access to the Site. The costs related to the use of the Internet during your use of the Site are at your expense, at the rates and conditions charged by your Internet service provider and you remain in all circumstances solely responsible for any material and its use. allowing access to the Site.
10.3 Partial invalidity . If one or more stipulations of the T & Cs are held to be invalid or declared void in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope, unless the invalid stipulation (s) were of a substantial nature and their disappearance calls into question the contractual balance. If necessary, the parties then agree to replace the clause declared null and void by a clause which will be closest in terms of its content to the clause initially adopted.
10.4 Non-Waiver. It is understood that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in the GTC, whatever the frequency and duration, may not constitute a modification of the GTC, nor generate a any right.
10.5 Applicable law and competent courts. The law applicable to the GTC is French law. In the event of any difficulty arising in connection with the interpretation or execution of these T & Cs, and the ordering or delivery of Jewelry sold on the Site, we invite you to send us any request with a view to amicable resolution, by registered letter with acknowledgment of receipt to the following address: SARL HUGUENIN, 73 rue Notre-Dame de Nazareth 75003 Paris, France. We undertake to respond to you within 15 (fifteen) days. In the absence of a satisfactory agreement, you have the right to refer free of charge to a consumer mediator for the amicable resolution of the dispute between you and the Company.
In the event of a dispute concerning the formation, execution, and / or interpretation of the GTCS, express jurisdiction is assigned to the French courts.
10.6 Modifications. As from their entry into force, the GTC can only be modified by a writing signed by both parties. They represent all the commitments existing between the parties. They replace and cancel any prior oral or written commitment relating to the subject matter hereof.
10.7 Retention of the GTC. For ten years from the confirmation of your order, and when its price is greater than one hundred and twenty (120) euros, the Company keeps the GTCS, and all commercial information communicated to you before and after your ordered. You can obtain a copy of this document by sending your request to SARL HUGUENIN, 73 rue Notre-Dame de Nazareth 75003 Paris , France. The dispatch of this information gives rise to a fee-for-service billing, at the unit price of ten percent (10%) of the price of the order.