Shipments / Returns
Shipping Policy
applicable from October 22, 2022
DELIVERY
Shipping cost
Delivery or provision costs will, in any case, be indicated to the Customer before any payment and only concern deliveries made in mainland France, Corsica included. For any other delivery location, it will be up to the Customer to contact customer service.
In the event of delivery of the Product to the Customer in a store or at a partner location of the Publisher, the related costs are specified to the Customer at the time of the order.
Delivery costs indicated on the Site are in euros.
delivery time
Orders are prepared and shipped within 2 to 3 working days subject to validation of payment by the Customer. This deadline may be extended if one or all of the products ordered are noted “available on order: x days lead time” on their product sheet.
Orders are delivered by post within 2 to 3 working days for mainland France.
Certain products or certain order volumes may nevertheless justify a delivery time of more than 2 working days. This will be expressly mentioned to the Customer's attention when validating the order.
Damaged package
In the event of delivery of a clearly and visibly damaged package, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
Reservation of title - transfer of risks
Ownership of the Products delivered is reserved for the Publisher until delivery of the Products to the Customer, notwithstanding any clause to the contrary, unless the parties have punctually and expressly agreed in writing to waive this clause.
The Customer bears the risks relating to the Products from the time of the order. Throughout the duration of the retention of title, the Customer must insure at his own expense the Products belonging to the Publisher against any damage that may occur and provide proof to the Publisher upon first request.
Refund Policy
1. COMPLAINT – WITHDRAWAL – GUARANTEE
Customer service
The Site's customer service is accessible from the site's contact page: https://claralescuyeratelier.com/pages/contact or by electronic mail to the address: clara.lescuyer@gmail.com .
Right of withdrawal – Distance selling
This article 7.2 is applicable to the Customer who has the status of consumer within the meaning of the introductory article of the Consumer Code.
Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen days to exercise his right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, return costs.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or public or non-working holiday, it is extended until the first following working day.
The decision to withdraw must be notified to the Publisher at the following email address: clara.lescuyer@gmail.com .
Effects of the right of withdrawal
The Customer returns or returns the products to the professional or any person designated by the latter, without undue delay and, at the latest, within fourteen days following communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. If applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is earlier. Beyond this, the amount due is, automatically, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the Client for the use of another means of payment and to the extent that the reimbursement does not incur costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer.
The Customer's liability is only incurred with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product.
Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
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for the provision of services fully executed before the end of the withdrawal period and the execution of which has started after express prior agreement of the Customer and express waiver of his right of withdrawal;
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for the supply of goods made to the Customer's specifications or clearly personalized.
Likewise, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
Termination of the contract on the initiative of the Client
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums incurred by him when ordering.
This clause is not intended to apply if the delivery delay is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to avail itself of the resolution of the sale provided for in this article.
Guarantees
Guarantee for visible defects and defects
It is up to the Customer to check the good condition of the Products at the time of delivery. This verification must relate in particular to the quality, quantities and references of the Products as well as their conformity to the order. No complaints will be taken into account after a period of three days from delivery. In any case, any complaint concerning the packages delivered will only be taken into account if the Customer having the status of merchant has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the Commercial Code.
Guarantee against hidden defects and defects
Legal guarantees
Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. . of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 217-4 et seq. Consumer Code).
Conventional guarantee
The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 year from the delivery of the Product.
Back
In order to implement the guarantee, it is up to the Customer to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement.
In any case, the Customer is asked to precisely follow the Publisher's instructions relating to the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
The consumer Customer benefits from a period of 2 years from delivery of the good to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for by article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between canceling the sale or reducing the sale price.
The cleaning of jewelry (tarnishing, blackening of the metal) is not covered by the guarantees: a “maintenance” sheet is available on the site to explain how to clean silver or brass pieces.
2. FINAL STIPULATIONS
Applicable right
These general conditions are subject to the application of French law.
Modifications to these general conditions
These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of their order or connection to this Site, any new connection to the personal space entailing acceptance, where applicable, of the new general conditions.
Disputes
Pursuant to Ordinance No. 2015-1033 of August 20, 2015, all disputes with a consumer Customer which may arise in the context of the execution of these general conditions and for which a solution cannot be found prior to the amicable agreement between the parties must be submitted.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity selected is: SAS CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, the consumer can file his complaint on the site:
http://cnpm-mediation-consommation.eu
or by post by writing to
CNPM - MEDIATION - CONSUMPTION
27, avenue de la Libération – 42400 SAINT-CHAMOND
Entirety
The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and purpose hereof.
Non-waiver
The absence of exercise by the Publisher of the rights granted to it hereby cannot under any circumstances be interpreted as a waiver of the right to assert said rights.
Unfair clauses
The stipulations of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.