GENERAL TERMS AND SALES CONDITIONS
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ARTICLE 1 - REGULATIONS
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These General Terms and Sales Conditions apply without restriction or reservation to all sales made by Estrela ("the Seller") to buyers ("Customers") wishing to acquire the products offered for sale by the Seller ("The Products") on the website: www.estrela-shop.com
The GTCS specify in particular the terms and conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
Products offered for sale on the website www.estrela-shop.com:
- Gold plated and 925 silver earrings
- Piercings
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The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.estrela-shop.com. The Client is required to read carefully before ordering.
The choice and purchase of a service is the whole responsibility of the Customer
The photographs and graphics presented on the website www.estrela-shop.com mare not contractual and can not engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are within the limits of available stocks, as specified when placing the order.
The seller's contact details are as follows:
Operating Name: Estrela Shop
Company name: Estrela
Registration with the Paris RCS:
Legal form: Unipersonal Simplified Action Company with registered share capital of 1 000€.
Head office address: 1 rue Charles Lorilleux, 92800 Puteaux - France
E-mail: contact@estrela-shop.com
Contact details of the host: WIX
Registered office:
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These conditions apply to the exclusion of all other conditions, including those applicable to in-stores sales or sales made via other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on the website www.estrela-shop.com and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares that he has read the present General Sales Conditions carefully and has accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure www.estrela-shop.com
The present General Sales Conditions may be subject to further changes at any time, the version applicable to the Customer's purchase is that in force on the website on the order confirmation date.
Unless proved otherwise, the data recorded in the computer system of the Provider constitute the evidence of all the transactions finalized with the Customer.
In accordance with Act n° 78-17 of January 6th 1978 on Data Processing, Data Files and Individual Liberties, the Customer is provided with a right of access, rectification and opposition to all personal data at any time by writing a letter and sending it via courier, along with a proof of identity, to ESTRELA, 4 rue Cartault escalier 5, 92800 Puteaux - France
Regarding orders to a country other than Metropolitan France, the Customer will be the importer of the product(s) concerned.
For all products shipped outside the European Union and the French Overseas Departments and Territories, the price will be calculated without tax automatically.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be chargeable and are the sole responsibility of the Client.
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ARTICLE 2 - ORDERS
a) Placing an order
It is up to the Customer to select on the website http://www.estrela-shop.com the products he wishes to order, according to the following methods:
- Select the product (s);
- Add to Cart
- Validate the basket
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Product offers are valid as long as they are visible on the site, while stocks last. The sale will only be considered final after the Seller has sent confirmation of acceptance of the order by the Seller by email and after receipt by the latter of the full price. It is the Customer's responsibility to check the accuracy of the order and immediately report any errors. The Seller cannot be held responsible in the event of an error in the information mentioned by the Customer.
Any order placed on the website https://www.estrela-shop.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Customer can follow the progress of his order on the website https://www.estrela-shop.com. Any validation of order implies acceptance of the general conditions of sale. The Seller is not intended to sell the Products on the website https://www.estrela-shop.com to professionals, but only to consumers, for their personal needs. If you wish to limit your sales of products: The Seller therefore reserves the right to refuse orders for the same Product in large quantities - and comprising more than "10 identical items".
b) Availability of products
All product orders are subject to the availability of the latter. In this sense, in the event of supply difficulties or if the products are no longer in stock, we will refund any amount that may have been paid.
c) Refusal to process an order
Estrela reserves the right to contact the customer and request supporting documents (identity document, etc.) in the event of suspected fraud. Without response from the customer: the order will be canceled and the funds received for said order refunded.
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ARTICLE 3 - PRICES
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The Products are supplied at the current prices listed on the website http://www.estrela-shop.com, when the order is placed by the Seller. The prices are expressed in Euros. The prices take into account any reductions which may be granted by the Seller on the website https://www.estrela-shop.com. These prices are firm and cannot be revised during their period of validity, as indicated on the website https://www.estrela-shop.com, the Seller reserving the right, outside this period of validity, to modify prices anytime. They do not include the costs of treatment, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the website https://www.estrela-shop.com and calculated prior to placing of the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
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ARTICLE 4 - PAYMENT CONDITIONS:
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The price is payable in cash, in full on the day the customer places the order, by secure payment, in the following ways: - by credit card
- by paypal account
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The Customer expressly acknowledges that the communication of his bank card number constitutes authorization to debit his account up to the items ordered.
No bank data is recorded on our site, its information is processed by payment systems.
We do not store customer credit card data on our website.
In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders made by the Customer.
No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the customer.
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ARTICLE 5 - DELIVERY:
The products ordered by the customer are delivered to worldwide.
Delivery will be made according to the carrier chosen by the Seller.
Delivery times are between 2-3 days in France and can go up to 7 to 10 days for other countries.
The delivery is free in France from 49 € of purchase with the code SHIPFREE (not combinable with other code). The customer must enter the SHIPFREE code before payment and cannot in any case be deducted or refunded once the order has been confirmed.
Delivery times may vary in the event of force majeure (bad weather, strikes, etc.).
Customs fees and possible taxes are the responsibility of the customer. The products ordered are delivered to the postal address indicated by the Customer on the order form, and the Seller cannot be held responsible for any errors or missing information necessary for the delivery of their package. In the event of deliveries that cannot be made by the carrier due to incorrect or missing information, the Customer must again pay the return costs.
The products are delivered from Monday to Friday, except for national holidays. The articles are sent in closed envelopes or cartons. An e-mail is sent to the Customer as soon as their order is delivered to the Postal Service. Delivery is considered to have been made when the package is made available to the Customer at the address indicated on the order form.
The delivery consists of the transfer to the Customer of physical possession or control of the Product.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time periods specified above. However, these deadlines are given for information only. However, if the Products ordered have not been delivered within 15 days after the indicative delivery date, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction. Deliveries are made by an independent transporter, to the address mentioned by the Customer when ordering and to which the transporter can easily access. In case of non-claim of the parcel within the time limit (deposit with a merchant, post office ....) or in the case of an error on the delivery address indicated by the customer: Estrela reserves the right to invoice to his customer the redirection of the package. (current postal rates). In the event of non-complaint and non-sending of the withdrawal form within the legal period of 14 days from the date of the order, the latter will not be reimbursed. The Customer is required to check the condition of the products delivered. He has a period of 7 days from delivery to formulate by email (contact@estrela-shop.com) and mail to recommend with acknowledgment of receipt any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example parcel damaged already open ...), with all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 211-4 and following of Consumer Code and those provided for in these General Conditions of Sale.
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ARTICLE 6 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
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The transfer of ownership of the seller's products, to the benefit of the Customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of said products.
Whatever the date of transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the customer takes physical possession of the products.
The products therefore travel at the Seller's risk and peril (article L.138-4 of the Consumer Code).
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ARTICLE 7 - EXCHANGE AND RETURN POLICY
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a) Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notification to the Seller of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. Open, damaged, soiled or incomplete Products are not accepted.
Delivery fees and return costs remaining payable by the Customer. The refund will be made within 14 days of the receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article. Sale items are neither returned nor exchanged. To exercise your right of withdrawal, please inform Estrela of your decision by an unequivocal written declaration. The withdrawal period is respected if you send your mail informing us of your decision to exercise your right of withdrawal before the expiration of this withdrawal period.
b) Return request Sale items are neither returned nor exchanged. Registration of the return request is mandatory. It is done on the account It is the customer's responsibility to return the package to us at the address indicated on the return slip to be printed. Return costs are the responsibility of the customer. We are not trading, you will need to re-order.
PLEASE NOTE: The return period is 14 days from receipt of your package. If applicable, the return will be refused and returned to the sender.
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ARTICLE 8 - SELLER RESPONSIBILITY - GUARANTEE
The Products sold on the website https://estrela-shop.com comply with the regulations in force in France and have performances compatible with non-professional uses. The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions, - the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or which do not correspond to the order upon receipt thereof. - the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use, under the conditions In order to assert their rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products within a maximum period of 7 days from the delivery of the Products or the existence of hidden defects within a maximum period of 7 days from their discovery. The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will not be reimbursed. Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within 30 days of the seller's acknowledgment of the lack of conformity. The reimbursement will be made by credit to the Customer's bank account or to the Paypal account used for the purchase. The responsibility of the Seller cannot be engaged in the following cases: - non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check, - in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
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ARTICLE 9 - COMPUTING AND FREEDOM
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Pursuant to law 78-17 of January 6, 1978, it is recalled that the personal data which are requested from the Customer are necessary for the processing of his order and the preparation of invoices, in particular. This data can be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website https://www.estrela-shop.com has been the subject of a declaration to the CNIL. The Customer has, in accordance with current national and European regulations, a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the website https://estrela-shop.com section "Legal notices"
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ARTICLE 10 - INTELLECTUAL PROPERTY
The content of the website https://www.estrela-shop.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., made.
The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may condition it for financial compensation.
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ARTICLE 11 - APPLICABLE LAW - LANGUAGE
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These General Conditions of Sale and the operations arising therefrom are governed by and subject to French law. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
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ARTICLE 12 - DISPUTES
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All disputes to which purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Client is informed that he can in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. cons. Art. L 534-7) or with existing sectoral mediation bodies , and whose references appear on the website http://estrela-shop.com or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
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ARTICLE 13 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The Customer acknowledges having had communication, prior to placing his order, in a legible and understandable manner, of these General Conditions of Sale and of all the information and information referred to in articles L111-1 to L111-7, and in particular :
- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;
- the price of the Products and related costs (delivery, for example);
- in the absence of immediate performance of the contract, the date or the period by which the Seller undertakes to deliver the Product;
- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
- information relating to legal and contractual guarantees and to their methods of implementation;
- the functionality of digital content and, where applicable, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.
The fact for a natural (or legal) person to order on the website https: //www.estrela-shop.com implies acceptance and full acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who renounces, in particular, to avail itself of any contradictory document, which would be unenforceable against the Seller.
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