Terms & Conditions of use and sale
Last update: november 7th, 2023
Article 1 - INFORMATION
The Company Sapias (hereafter "the Company") is a simplified joint stock company registered in the Paris Trade and Companies Register under the number 915 260 335 and whose head office is located 8 rue des Cendriers 75020 Paris. Its individual VAT identification number is [FR77915260335] and its contact email address is [ contact@sapias.fr].
The Company is a company specialized in the field of the manufacturing and sale of costume jewelry and precious metals, the design and creative consulting in the field of jewelry and fashion accessories, and the development and sale of jewelry and fashion accessories products.
Article 2 - OBJECT
The purpose of these General Terms and Conditions of Sale ("GTCS") is to define the conditions under which the Company makes its Products available to the customer ("the Buyer"): sale of the Product, delivery of the Product and return of the Product.
The Company makes available, via the website it operates http:/sapias.co (hereinafter the "Site" or the "Platform") a Platform allowing Buyers to order the listed products.
The Buyer shall have ensured prior to placing his/her order that the functions of the product purchased are in line with his/her needs.
The Company reserves the right to modify these GTC at any time, in particular in order to comply with any changes in regulations. Except in the case of mandatory legal provisions, these modifications will have no impact on current contracts.
Any order placed on the Site requires the consultation and acceptance of these GTC.
Article 3 - THE ORDER
The Buyer places an order by choosing Products that he/she places in his/her basket and then proceeds to the validation of his/her order and payment.
The prices of the products are indicated in Euro TTC (all taxes included) excluding shipping costs. Prices are valid for the current month. The products will be invoiced on the basis of the prices in force at the time of the recording of the orders, subject to availability at this date.
The Products purchased on the Site remain the property of the Company until full payment of the price.
Article 4 - PAYMENT
Credit card
The Buyer may pay for his order by credit card. The credit card payment system on the Site is the secure Shopify Payments (VISA, MasterCard, Amex, Apple Pay, CB) .
PayPal
You will be able to make your payment thanks to this secure system which makes the link between our site and our bank, without your banking data passing on our site.
We draw your attention to the fact that for payments by PayPal and, the use will be subject to the Terms and Conditions of this provider..
Article 5 – DELIVERY
The delivery time indicated at the time of the order is only indicative. Indeed, the Company does not control the carriers and therefore cannot be responsible for any delay attributable to them.
The products are delivered to the address indicated by the Purchaser. The Buyer is responsible for the accuracy of the address and delivery information provided.
The Buyer has the obligation to verify the conformity and the good condition of the delivered Product.
Article 6 – RETURN OF PRODUCTS
In accordance with the legislation in force, you have a period of 14 days (from the date of receipt) to request an exchange or refund of your order. We remind you that the costs of returning the Products are at the charge of the Buyer.
Your return package must imperatively contain :
- the returned product intact and complete (not worn, not used and in its original packaging,
- the invoice of your order (specify if you want an exchange or a refund).
The refund will be made within 14 days of receipt of the return. The Company reserves the right to refuse your return if these conditions are not met.
When your request for refund is due to a defective Product, we will take care of the return shipping costs.
For any question relating to a return of Product, the Purchaser is requested to contact the customer service by sending an email to the address contact@sapias.fr.
Article 7 – RESPONSIBILITY / GUARANTEE
The products offered are in accordance with the French legislation in force and the standards applicable in France.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the Company cannot be engaged in case of error or omission in one of these photographs, texts or graphics information or characteristics of the products or in case of modification of the characteristics of the products by the suppliers.
Of course, for any question about the products you can contact our customer service.
The Company shall not be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding, fire.
The Company guarantees the Buyer against any defects of conformity of the Product in accordance with articles L.217-4 and following of the Code of consumption and of the redhibitory defects, or hidden defects of the thing sold for the customers, under the conditions envisaged in articles 1641 and following of the Civil code and 2232 of the Civil code.
In any case, in the event that the Company's responsibility is retained, its guarantee will be limited to the amount paid by the Buyer for the purchase of the Product and the return costs will be borne by the Buyer.
The Company shall only be liable for damage caused by a defect in a Product if such damage was caused directly and exclusively by the defect affecting the proper functioning of the Product.
The Company's liability shall be reduced or eliminated in the event of fault on the part of the Buyer or a third party.
This clause shall remain applicable in the event of nullity, resolution or termination of these GTC.
Article 8 – SUSPENSION
In the event of non-compliance with its obligations by the Buyer, the Company reserves the right to suspend the performance of its obligations as of right and without notice. This suspension shall not constitute a cause of liability for the Company, nor shall it give rise to a revision of the price.
Article 9 – INTELLECTUAL PROPERTY
On the Website, the software and software packages enabling its operation, the databases, texts, information, analyses, images, photographs, graphics and logos, sounds or any other data contained on or in the Products, or generated by them, are artistic or software creations for which the Company and, where applicable, its third-party partners to the present, are the owners, its third party partners to the present, are holders of all intellectual property rights and/or exploitation rights, in particular, but not limited to, copyright, database rights, trademark rights and design rights.
They remain the exclusive property of the Company, of its agent or, if necessary, of their respective owners with whom the Company may enter into usage agreements.
Article 10 – PERSONAL DATA
Personal data concerning you are processed by the Company, which acts as the data controller. They are necessary for the management and the follow-up of your order, your access to the Site, the creation of your customer or guest account, the realization of statistical studies, the sending of newsletter. The information necessary for the delivery will be transferred to the service provider in charge of the delivery for this sole purpose.
The data collected are those strictly necessary and essential to these treatments and are intended for the services concerned of the Company as well as its possible service providers and subcontractors.
Any Buyer has the right to access, query, modify, rectify, limit the processing of your data, oppose, portability and delete the data that concerns him/her in accordance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended by European Regulation 2016/679 of April 27, 2016 on the protection of personal data, known as RGPD. You also have the right to define directives concerning the fate of your data after your death.
These rights can be exercised by e-mail via [ contact@sapias.fr] or by mail to [SAPIAS] at the address [8 rue des Cendriers 75020 Paris], accompanied by a copy of an identity document.
Finally, you have the right to file a complaint with a control authority. This right is exercised with the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 rue de Fontenoy, 75007 Paris.
To obtain more information on the processing carried out by the Company, please consult the Privacy Policy on the website (mettre un lien vers la page Privacy Policy)
Article 11 – SUBCONTRACTING
The Company is entitled to subcontract any of its rights or obligations under this Agreement.
Article 12 – BUYER'S COMMITMENT
When on the order module the Buyer validates his purchase, he declares to accept its content as well as the present general conditions of sale which are governed by French law.
Article 13 – PRECAUTION OF CARE OF THE PRODUCTS
Before using the Product for the first time, it is imperative to carefully read the Care and Repair instructions here [lien vers care and repair page] and to follow them. The Company shall not be liable for any damage caused by use that does not comply with the care instructions
Article 14 – CAPACITY
Prior to any legal action by one party against the other, the parties agree to use all means to amicably resolve any dispute arising from the execution of this contract.
Article 15 – SETTLEMENT OF DISPUTES
Prior to any legal action by one party against the other, the parties agree to use all means to amicably resolve any dispute arising from the execution of this contract.
If the dispute is not resolved within thirty (30) days following the start of the amicable procedure or if one of the parties refuses to participate, the dispute may then be brought before the competent courts by the most diligent party.
Article 16 – APPLICABLE LAW AND JURISDICTION
The present GTC are governed by French law. This is the case for the rules of substance and the rules of form, notwithstanding the places of execution of the substantial or accessory obligations.The contract is subject to French law even if the customer is a European or non-European citizen.
Article 17 - CONSUMER MEDIATION
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The entity of mediation retained is: MCP - Médiation de la consommation & Patrimoine. In the event of litigation, the consumer may file a complaint on the site :
https://mcpmediation.org/
or by mail by writing to
Médiation de la consommation & patrimoine
12 square Desnouettes
75015 PARIS
Tél : 01 40 61 03 33
IN THE EVENT OF LITIGATION, COMPETENCE IS EXPRESSLY ATTRIBUTED TO THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR APPEAL IN GUARANTEE, EVEN FOR THE PROCEDURES OF URGENCY OR FOR THE CONSERVATORY PROCEDURES, IN REFEREE OR BY REQUEST.