TERMS & CONDITIONS
The use of the website paolamarassi.com implies the complete acceptance without reservations of each and every resolution included in these General Terms and Conditions of Sale. Hence, the user of the website must read the current general terms and conditions carefully at each access and use of the website, as the conditions and terms are subject to change under the sole judgment of the website's owner, or due to legal, judicial criterion or business practice changes.
The language used by the owner of this website is French. SHAMBALLA CREATIONS cannot be held responsible for the user's misunderstanding or lack of comprehension of the language of the website, nor for its consequences.
The present conditions aim to define the terms and conditions of sale between the Seller, the company SHAMBALLA CREATIONS and the Customer via the website paolamarassi.com, notably for the ordering, payment, delivery and management of any returns. These conditions regulate the steps to place an order and ensure its follow-up between the contracting counterparties.
I. IDENTIFICATION OF THE SELLER
The e-shop www.paolamarassi.com belongs to the company SHAMBALLA CREATIONS acting as the Seller (hereinafter referred to as "PAOLA MARASSI").
Registration number at the Paris “Chambre des Métiers et de l’Artisanat”: 500 718 846 RM93
Office location : 28 Avenue Paul Vaillant Couturier 93200 Saint Denis
Email : paolamarassi@gmail.com
II. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (hereinafter referred to as "the GTC") apply, without restriction or reserve, to all sales concluded by PAOLA MARASSI with buyers having the quality of customer (hereinafter referred to as "the Customers" or "the Customer") of products offered by PAOLA MARASSI (hereinafter referred to as “the Product” or "the Products") on the website http://www.paolmarassi.com (hereinafter referred to as "the website"). These GTC specify in particular the conditions for ordering, payment, delivery and management of any returns of the Product(s) ordered by the Customer.
These GTC apply to the exclusion of all other conditions applicable to sales in stores or through other distribution and marketing channels.
The GTC are made available to the Customer on the paolamarassi.com website where they can be consulted directly at any time.
The Customer declares to have taken knowledge of the present GTC and to have accepted them before the implementation of the online order process on paolamarassi.com website.
The GTC may be subject to subsequent changes, hence the Customer accepts that the version applicable to his/her purchase is the one in force on paolamarassi.com website at the date of placing the order under the conditions defined below. It is therefore up to the Customer to refer to the GTC each time he/she validates an order.
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale. In the event that a contractual clause is held to be invalid in application of a law, PAOLA MARASSI undertakes to delete and then immediately replace the corresponding clause with a legally valid clause.
The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by PAOLA MARASSI shall not constitute a waiver of the application of this or these clause(s) or of the other clauses of the General Terms and Conditions of Sale, which shall continue to have full effect.
In the absence of proof to the contrary, the data recorded in PAOLA MARASSI's computer system constitutes proof of all transactions concluded with the Customer.
III. PRODUCTS
PAOLA MARASSI offers jewelry and accessories on the website http://www.paolamarassi.com.
The main characteristics of the Products are presented in detail on the Website in the sheets corresponding to each Product, in accordance with Article L.111-1 of the French Consumer Code.
PAOLA MARASSI draws the Customer's attention to the fact that the photographs presented on the Website may differ slightly from reality due to the lighting and reflections present during the shooting and/or the Customer's screen settings. PAOLA MARASSI produces in its workshop handcrafted creations that may present irregularities in the finish and differences in colors and especially in shades that cannot be considered as defects. In this way, these representations are not contractual and PAOLA MARASSI cannot be held responsible for minor variations in the presentation of the Products or for differences in appreciation that may result from them.
PAOLA MARASSI invites the Customer to refer to the description of the characteristics of each Product on paolamarassi.com website in order to know its particularities (size, shape and color) before placing any order. Thus, the Customer accepts that the choice and the purchase of a Product is of its sole responsibility. PAOLA MARASSI remains available at any time by email at paolamarassi@gmail.com for any personalized order.
In application of the provisions of the article L.121-20-3 of the French Consumer Code, in case of unavailability and/or shortage of stock of a Product, PAOLA MARASSI will inform the Customer by any means (phone call or email) as soon as possible and may propose to the Customer a Product of equivalent quality and price. The order of the concerned Article will be canceled, and if the Customer does not wish another Product proposed by PAOLA MARASSI of equivalent price and quality, the Customer will be refunded the price paid within a maximum period of fourteen (14) calendar days.
Only the sending of an e-mail confirming the Customer's order guarantees the availability and delivery of a Product. PAOLA MARASSI cannot be held responsible in case of stock shortage or unavailability of the Products.
IV. PRICES
The Products displayed on the paolamarassi.com website are supplied at the prices in force at the time of the execution of the order.
The prices are indicated in euros, VAT not applicable, art. 293 B of the French Tax regulations (“CGI” or “Code général des impôts”).
They do not take into account the shipping costs nor the customs charges which would be invoiced in supplement to the Customer according to the place of delivery. The resulting payment requested to the Customer corresponds to the total amount of the purchase, including these costs.
For deliveries outside the European Union, customs taxes and any other formalities are the exclusive responsibility of the Customer who undertakes to check the possibilities of importing the Product(s) ordered from his/her country. The delivery is made on the basis of DDU (Delivery Duty Unpaid) and the recipient of the ordered Product(s) will be in the obligation to pay all the local taxes of importation relative to his/her order.
PAOLA MARASSI reserves the right to change its prices at any time and without notice. However, the Products will be invoiced to the Customer on the basis of the prices in force on paolamarassi.com website at the time the order is placed, and PAOLA MARASSI will not be able to modify them once the order has been validated via payment.
V. ORDERS
1. Verification of the order by PAOLA MARASSI
PAOLA MARASSI shall be entitled to refuse any order placed by a Customer with whom there is an existing dispute relating to the payment of a previous order as well as any order that does not comply with these GTC.
In such cases, PAOLA MARASSI will inform the Customer by phone or email. In the absence of correction of the erroneous or contrary to the present GTC elements, and in the absence of the Customer proceeding to this correction, PAOLA MARASSI reserves the right not to process the order.
2. Details of the ordering process
The offers of Products are valid as long as they are visible on the Website, within the limits of available stocks.
To place an order for a Product, the Customer is invited to select the desired Product on paolamarassi.com Website and to add it to his/her shopping cart by clicking on the "Add to Cart" button; or directly pay for the Product(s) by clicking on the "Buy Now" button. The Customer also has the possibility to continue browsing and purchasing Products by returning to the Website's online store.
At any time, the Customer can modify his/her shopping cart by deleting the selected Product(s) directly on the page displaying his/her shopping cart, by clicking on the "Shopping Cart" icon available on all pages of the website at the top right-hand corner.
The Customer is informed that all Products selected in his/her shopping cart, but which order has not been finalized via his/her payment, remain available for sale to other potential Customers. The Customer is also informed that no guarantee is given by PAOLA MARASSI as to the maintenance of the price in force on the day of the selection of the Product(s) which order has not been finalized via is payment, the applicable price being the one in force at the time of the finalization of its order and the payment made by the Customer.
Once the Customer has finalized his/her selection of Product(s), he/she is invited to check the contents of his/her shopping cart and, if necessary, to modify it. The Customer then declares to have fully and unreservedly accepted the entirety of these GTC. He must then accept his/her order and proceed to payment by clicking on the "Checkout" button, which gives access to the secure payment of his/her order.
To finalize his/her order, the Customer must :
- Indicate his/her delivery and billing address,
- Select the delivery method from among those offered,
- Review the order summary (and make any necessary changes in case of error).
The validation of the Order shall only be considered final once the Customer has paid for the content of the Order. The Order shall only be considered final upon payment of the corresponding price.
The confirmation of the order implies the acceptance of the GTC, the formation of the contract and the obligation of payment. PAOLA MARASSI will then send the Customer an email confirming the order receipt and its payment.
PAOLA MARASSI cannot be held responsible for the inaccuracy of the information communicated by the Customer at the time of placing the order. On the other hand, PAOLA MARASSI shall not be held responsible if the proper administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond the control of PAOLA MARASSI or if there is a strong presumption of fraud, or that fraud has occurred in any form whatsoever, including computer fraud. In this case, PAOLA MARASSI reserves the right to interrupt or cancel the current order.
VI. CONDITIONS AND METHODS OF PAYMENT
The total amount due by the Customer is indicated before the final validation of the order on the Website.
The price is payable in full on the day the order is placed by the Customer who guarantees to PAOLA MARASSI, when validating his/her order, to be in good standing with the issuer of the payment card. In case of refusal of the bank, the order will be automatically canceled and the Customer will be informed by email.
PAOLA MARASSI uses the secure payment service STRIPE, through which the payment can be made by credit card (Visa, MasterCard, American Express), or the Paypal service. PAOLA MARASSI guarantees not having access to the confidential information provided by the Customer to pay for the Order and that this information is not stored in its computer systems.
In order to proceed with the payment, the Customer will have to provide certain information relating to the credit card, including the name of the cardholder, the credit card number, its expiration date and its cryptogram number. This information will be in the exclusive possession of the bank chosen by PAOLA MARASSI for this financial transaction.
Payments made by the Customer will only be considered as final after effective collection of the sums due by PAOLA MARASSI which may not proceed with the delivery of the Product(s) ordered by the Customer if the latter does not pay the price in full in accordance with the conditions set out in these GTC.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center...) or in the event of non-compliance with the payment conditions set out in these GTC, the debit of the sums due by the Customer proves impossible, the order will be automatically refused. PAOLA MARASSI will then be discharged from any obligation and responsibility towards the Customer.
Once full payment is validated, the ownership of the Product(s) purchased online is transferred, whereas the transfer of risk and loss or damage is carried out from the delivery of the Product(s).
VII. DELIVERY
1. Terms of delivery
When the Customer places an order, he receives an email confirming its receipt. In case of a problem during the processing of the order, PAOLA MARASSI will send an email to the Customer to infirm him/her and possibly ask for more details.
PAOLA MARASSI delivers throughout the European Union and the rest of the world. The Product(s) ordered is/are delivered to the address indicated by the Customer when ordering on the website.
The conditions, costs and delivery times applicable to the order are those indicated to the Customer at the time the latter selects his/her mode of delivery before validation of his/her order, and vary according to the place of delivery.
The Customer is hereby informed that he/she shall bear the consequences (delay in delivery, impossibility of delivery, additional transport costs, etc.) resulting, where applicable, from the erroneous and/or incomplete nature of the information provided by the Customer for the purpose of delivery at the time the Order was placed.
Upon shipment of the Order, the Customer will receive an email informing him/her of the shipment of his/her Order. The Customer will be able to track the delivery of his/her order through the tracking number provided by PAOLA MARASSI.
In Metropolitan France and in the European Union, the carrier is Colissimo suivi. It is up to the Customer to be present (or represented) at the time of the delivery of his/her order. The postal carrier will leave a notice of passage informing him/her of the modalities and deadlines of withdrawal of the order in case of absence of the Customer at the time of the delivery.
PAOLA MARASSI undertakes to make its best efforts to deliver the Product(s) ordered by the Customer within the following time limits from the dispatch of the order:
- In metropolitan France within five (5) working days with Colissimo Suivi with signature;
- In the European Union within seven (7) to ten (10) days with Colissimo Suivi; and
- Outside the European Union within five (5) to seven (7) working days with DHL.
These deadlines are communicated as an indication and run only from the shipping of the order. However, if the ordered Product(s) has/have not been delivered within a reasonable time after the indicative delivery deadlines, for any other reason than force majeure, the sale may be canceled at the written request of the Customer under the conditions provided for in Articles L.138-2 and L.138-3 of the French Consumer Code. PAOLA MARASSI will then have to return the sums paid by the Customer within a period of fourteen (14) days following the date of cancellation of the contract, to the exclusion of any other compensation.
PAOLA MARASSI is not responsible for any delay in the customs clearance of the exported goods.
2. Receipt of the Product(s)
The risks and loss or damage of the Product(s) is/are transferred to the Customer at the time of delivery, i.e. when the Customer (or any third party he/she has appointed as his/her representative) takes physical possession of the Product(s) concerned.
It is the Customer's responsibility to immediately check the number, condition, integrity and conformity of the Product(s) delivered upon receipt, in the presence of the carrier, and to immediately issue complete and precise reservations to the latter on the delivery slip in the event of delay, anomaly, breakage or shortage.
In accordance with Article L.133-3 of the French Commercial Code, any reservation or claim for non-conformity or apparent defect of the delivered Product(s) must be confirmed by registered letter to the transport service provider within three (3) days from the delivery of the Product(s). The Customer shall also inform by email to paolamarassi@gmail.com within the same period of time, adding a copy of the complaint sent to the carrier with all related documents. The Customer may be asked to provide a picture of the damage by email.
In case of non respect of these instructions, PAOLA MARASSI will not be held responsible for any damage related to the delivery of the order and if the Customer has not issued any reservation.
After this period and in the absence of having respected these conditions, the Product(s) will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by PAOLA MARASSI.
It is specified that the above provisions do not deprive the Customer of the benefit of the right of withdrawal as provided for in section 8 below or of the benefit of the guarantees available to it as provided for in section 10 below.
VIII. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) clear days from the day following receipt of the Product(s) to exercise his/her right of withdrawal from PAOLA MARASSI, without having to justify his/her reasons or pay any penalty, in order to be reimbursed, provided that the Product(s) is/are returned in their original packaging and in perfect condition within fourteen (14) days following the communication of the decision of withdrawal to PAOLA MARASSI by the Customer.
All Products on the paolamarassi.com website are subject to the right of withdrawal with the exception of personalized Products in the event that they have been specially made for the Customer (custom-made) and therefore cannot be refunded.
The returns are to be carried out in their state and packing of origin and complete (packing and pouch) allowing their remarketing. No refund will be made by PAOLA MARASSI if the Product(s) returned by the Customer does/do not correspond to the Product(s) ordered, are incomplete or damaged and/or were not purchased on the website. The Customer may be held responsible for any depreciation of the Product(s) resulting from handling other than that necessary to try the Product(s) as it would have permitted in a store, in particular by wearing the Product(s). The Customer must therefore try the Product(s) with all necessary precaution.
The Product(s) must be returned to the following address: 28 Avenue Paul Vaillant Couturier, 93200 Saint-Denis, France. The Customer is invited to ensure that the Product(s) is/are returned in perfect condition by taking all necessary measures to this effect, and to use a carrier of his/her choice allowing him/her to keep a proof of the shipment of the Product(s) as well as a proof of their reception by PAOLA MARASSI. The costs and risks related to the return of the Product(s) shall be borne by the Customer.
The right of withdrawal can be exercised online or by email addressed to PAOLA MARASSI, using the withdrawal form reproduced in section 9, in which case an acknowledgement of receipt will be immediately communicated to the Customer by PAOLA MARASSI, or using any other clear, precise and unambiguous statement expressing the will to withdraw.
If the above-mentioned conditions are met, the refund will be made by PAOLA MARASSI within fourteen (14) days from the receipt of the Product(s) returned by the Customer under the conditions provided for in this article.
The shipping costs incurred for the delivery of the order will not be refunded to the Customer. Possible customs fees related to the return of a Product from a foreign country are also charged to the Customer.
The refund will be made using the same payment method as the one used by the Customer for the payment.
In case of late return of Product(s), exceeding the period of fourteen (14) days from its decision and confirmation to withdraw (the date on the proof of deposit/shipping being taken as proof), or if the conditions mentioned above are not respected, PAOLA MARASSI reserves the right to refuse the refund to the Customer. In case of refusal of reimbursement, the Product(s) may be returned at the request of the Customer, at his/her expense, within two (2) months from the date of his/her request.
IX. WITHDRAWAL FORM
The Customer is requested to complete and return this form, only if he/she wishes to withdraw from the contract, to paolamarassi@gmail.com or in a letter to be sent by letters with acknowledgement of receipt to the attention of PAOLA MARASSI: 28 Avenue Paul Vaillant Couturier 93200 Saint Denis, France.
I hereby notify you of my withdrawal from the contract concerning the Product(s) below:
Product(s) concerned (complete references): .....
Ordered on (Date): .....
Name of the Customer: .....
Customer's address : .....
Issued at ..... on .....
X. LEGAL GUARANTEES
PAOLA MARASSI guarantees the Product(s) sold only under the conditions and within the limits of the legal guarantee of conformity provided for in Articles L. 217-1 and seq. of the French Consumer Code and the legal guarantee for hidden defects provided for in Articles 1641 and seq. of the French Civil Code. PAOLA MARASSI will reimburse or replace as soon as possible the delivered Product(s) for which the defects of conformity or the apparent or hidden defects will have been duly proved by the Customer, under the conditions mentioned above.
PAOLA MARASSI shall not be held liable in the following cases:
In case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal use and tear of the Product(s), accident or force majeure.
The photographs and graphics presented on the site are not contractual and do not engage the responsibility of PAOLA MARASSI.
PAOLA MARASSI's warranty is, in any case, limited to the replacement or refund of Product(s) that does/do not conform or are affected by a defect.
XI. PERSONAL DATA
Personal data are used in accordance with the Privacy Policy available on the paolamarassi.com website. In application of the law 78-17 of January 6, 1978 of the French "Data Protection and Civil Liberties" act, relating to data processing, files and freedoms, it is recalled that the personal data which are requested from the Customer are confidential and necessary for the treatment and the delivery of its order as well as for the establishment of the invoices, in particular. PAOLA MARASSI guarantees not to sell, distribute or lease to third parties the personal information communicated unless having the Customer’s permission or being required by law to do so.
The transmission of information on the website takes place in a secure context using the protocols in force on the Internet. Payment card numbers are not stored on the website.
XII. LIABILITY AND FORCE MAJEURE
PAOLA MARASSI shall not be liable for the total or partial non-performance of its obligations under a sales contract and these GTC, if such non-performance is caused by an event constituting force majeure under the conditions defined by the French Civil Code and the case law of the French Supreme Court, and for all inconveniences and damages relating to the use of the Internet network (service interruption, external intrusion, computer viruses,...).
Whatever the cause or form of the action concerned and without waiving the provisions of the preceding paragraphs, PAOLA MARASSI's liability under these GTCs may not exceed the sums paid or payable in the transaction giving rise to the said liability.
XIII. APPLICABLE LAW AND DISPUTE RESOLUTION
These GTC and the transactions arising from them are governed by and subject to French law. These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of litigation.
For any complaint, please contact PAOLA MARASSI at the postal address or e-mail address indicated in the designation of the Seller of the present GTC.
In case of dispute, an amicable solution will be sought before any legal action. Otherwise, all disputes to which the present contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of competence of the common law.
XIV. AUTONOMY OF THE CONTRACTUAL PROVISIONS
Each section and paragraph of these General Conditions is autonomous. If any provision of these sections and paragraphs is deemed unenforceable or illegal by a court or competent authority, the remaining sections and paragraphs shall remain valid and enforceable.
XV. MODIFICATION AND UPDATES
The general terms and conditions of sale are modified regularly, particularly in consideration of possible normative changes. Therefore, the new general terms and conditions of sale will apply and take effect on the date of their publication on the Site.