This website www.bijouxburma.com and www.en.bijouxburma.com (hereinafter the "Site") is an e-commerce site published by the French company BIJOUX BURMA with a capital of 1,634,304.00 euros, whose registered office is at 8, Boulevard des Capucines 75009 PARIS - FRANCE, registered in the Paris Trade and Companies Register, under number 552 084 089 hereinafter referred to as "BIJOUX BURMA".
Telephone: +331 42 66 27 09
Fax: +331 40 17 17 04 29
Director of publication: Mr BRUNO ZARCATE
Intracommunity VAT number (or NIF): FR74 552 084 089
Hosting: The Website is hosted by Shopify International Ltd, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland under registration number 560279.
GENERAL CONDITIONS (Last updated: October 24, 2019)
BIJOUX BURMA's activity is the creation, production and marketing of jewelry, watches and fashion accessories (hereinafter referred to as the "Product" or "Products").
BIJOUX BURMA offers the Products for sale to non-professional buyers, natural persons having the status of consumers understood by the introductory article of the Consumer Code as "any natural person who acts for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity".
These General Terms and Conditions of Sale (hereinafter referred to as the "GTCs") define the contractual relationships applicable between BIJOUX BURMA and any Internet user accessing the Site for any reason whatsoever or making a purchase (hereinafter referred to as the "Customer" and together as the "Parties").
Any order implies prior consultation and acceptance of these GTCs by means of a checkbox containing a hypertext link to these GTCs. The latter are also accessible at any time on the Site. They will also be attached in pdf version in a second email that will be sent to the Customer once the order has been validated and after receiving a first email confirming his/her order.
The Customer expressly declares that he/she has full legal capacity to conclude this contract, i.e. to have reached the age of legal majority (18 years in France) and not to be under guardianship or trusteeship. The Customer undertakes not to purchase Products on the Site with a view to reselling them.
The GTCs are subject to change at any time. The applicable GTCs are those in force on the date of the order. The Customer is invited to read them carefully each time he visits and before each order.
- CONCLUSION AND EXECUTION OF ORDERS
Characteristics and availability of the Products offered for sale
The representations and photographs on the Site are as accurate and true to reality as possible, but cannot ensure perfect similarity with the Product offered, particularly with regard to colours, dimensions, textures and other characteristics that may be altered, in particular by lighting during the shooting and by the screens or web browsers used to view them. Photographs cannot be considered in real size because the resolution of the screens' representation is variable depending on the Customer's equipment.
The essential characteristics of the Products offered for sale on the Site are included in the description of each Product concerned.
The Customer acknowledges and accepts that certain materials used in the manufacture of the Products may have irregularities inherent in their natural character or manufacturing method. Some Products, following manual manufacturing phases, may also have slight asymmetries. Finally, the Customer acknowledges that he is informed that the sizes of our rings are based on French standards. Only a measurement with a professional ring gauge can accurately determine the Customer's finger size.
BIJOUX BURMA makes its best efforts to keep information on the availability of Products on the Site up to date. Thus, as a general rule, only available Products can actually be ordered. If nevertheless a Product ordered should prove unavailable after finalization of the order, the Customer will be informed as soon as possible and will then be offered to postpone delivery pending a restocking, to be refunded or to exchange the Product concerned. The definitive or temporary unavailability of a Product shall in no event engage BIJOUX BURMA's liability and shall not entitle the Customer to compensation or damages.
The Customer may obtain further information on the Products by contacting BIJOUX BURMA's customer service by e-mail at firstname.lastname@example.org or by post at 8, Boulevard des Capucines 75009 PARIS - FRANCE or on working days by telephone at +331 42 66 21 51 (Monday to Saturday from 10:30 am to 6:30 pm (Paris time)) or by fax: +331 40 17 04 29.
Finally, BIJOUX BURMA reserves the right to refuse or cancel an order in the event of legitimate reasons such as request(s) in abnormal quantities, dispute with a Customer on one or more previous order(s), etc.
The placing and confirmation of the order is carried out by entering data on successive screen pages, in English or French depending on the option applicable to the Customer at the time of his/her connection to the Site, the option being modifiable at any time by the Customer.
The Customer who wishes to purchase a Product must have provided, at the time of placing the order, the information necessary to complete the said order (information not provided as "optional" is mandatory).
The Customer may also purchase a Product by using the customer account he/she has created and identifying himself/herself with his/her current email address and password (hereinafter referred to as the "Access Codes"). The Customer is required to always update his/her personal information on his customer account. The customer account gives the Customer access to his/her personal space allowing him/her to track his/her orders and access his/her order history.
BIJOUX BURMA cannot be held responsible for erroneous or incomplete information transmitted by the Customer at the time of the creation of his/her customer account and/or the placing of his/her order and resulting in the impossibility of executing the order (in particular to proceed to the delivery of the Product ordered) under the conditions provided.
It is the Customer 's permanent responsibility to preserve the security and confidentiality of its Access Codes. Consequently, any purchase made using its Access Codes will be deemed to be made by the Customer holding these identifiers. In the event of loss or forgetfulness of his/herpassword, the Customer may reset it by clicking on "Forgotten password" in the "Login" section. He/She will then receive an email to the address previously indicated when creating his/her customer account, this email including a link to the Site allowing him/her to reset his/her password. In the event of fraudulent use of his/her Access Codes, the Customer is also required to immediately inform BIJOUX BURMA by sending an email to the address email@example.com.
The order process is as follows:
- The Customer selects the Product(s) he/she wishes to order on the Site by adding them to his/her basket;
- When he has finished shopping, the Customer displays his basket with the Products he/she has selected. He/She can, if he/she wishes, modify his/her basket before validating it;
- To validate his/her basket and proceed to the next steps allowing him/her to proceed with his/her order, the Customer must accept the GTCs by checking the box to this effect. The GTCs are available at this time via a link for this purpose;
- The Customer provides his/her delivery information (or connects via his/her customer account) applicable to the order;
- The Customer accesses the delivery section and is informed of the average delivery costs and times depending on the applicable shipping method;
- The Customer is then invited to select his/her payment method, to enter his/her billing address (if it differs from the delivery address enter it);
- The Customer has access to a summary of his/her order to check the details of the order, identify any errors made in data entry and correct them (returning to the previous steps), then is invited to pay for his/her order online to validate it definitively, via the secure online payment system offered on the Site.
After payment of the order, BIJOUX BURMA acknowledges receipt of the order electronically by sending a confirmation email to the Customer.
Delivery of the Products
The ordered Products will be delivered within the time limits indicated to the Customer at the time of placing the order.
Except in cases of force majeure, if delivery does not take place within the period indicated to the Customer at the time of the order, the Customer may order BIJOUX BURMA to make the delivery within a reasonable additional period and then request resolution of the sale (by registered letter with acknowledgement of receipt or in writing on another durable medium) if BIJOUX BURMA has not performed within a further reasonable period, in accordance with article L. 216-2 of the Consumer Code. The contract is considered terminated upon receipt by BIJOUX BURMA of the letter or written notice informing it of this termination, unless the latter has been performed in the meantime. BIJOUX BURMA must then reimburse the Customer for all sums paid within fourteen (14) days of the date on which the contract was terminated.
Bijoux Burma delivers its Products worldwide, with the exception of certain countries and addresses such as military zones, restricted areas, mailboxes or collection points. For more information, the Customer can consult the "Delivery" section of the Site. The Customer is invited to consult this section prior to any order in order to check the possible delivery destinations. The Customer can also contact the customer relations department by email at firstname.lastname@example.org for more information.
As from the delivery of the Products to the Customer, the risks of the delivered goods are transferred to him/her.
The Customer must only accept the package if there is no evidence of impact or leakage on the outer packaging. In the event that the package is damaged upon delivery, the Customer must check the condition of the Products in the presence of the carrier before signing the delivery note and indicate precisely on the carrier's delivery note any reserve in the event of missing or damaged Product.
If this is not possible, the Customer is invited to express reservations about the condition of the goods by indicating on the delivery note "subject to verification of the goods in view of the poor condition of the package" and describing the damage.
Customer service - Follow-up and questions about orders
The Customer can track the execution of his/her order without any other cost than the normal cost of communication, by contacting BIJOUX BURMA's customer service by e-mail at email@example.com or by post at 8, Boulevard des Capucines 75009 PARIS - FRANCE or on working days by telephone at +331 42 66 21 51 (Monday to Saturday from 10:30 to 18:30 (Paris time)) or by fax: +331 40 17 04 29.
Customer service answers calls and letters in English or French. The Customer is requested to use only one of these languages in any communication.
BIJOUX BURMA undertakes to respond as quickly as possible to any request or complaint relating to the follow-up of orders that it receives.
- PRICES AND PAYMENT
The prices of the Products indicated on the Site are expressed in euros (€) including VAT (including value added tax applicable in France (VAT), at the rate applicable on the day of the order). No VAT-free sales will be made on the Site.
BIJOUX BURMA may modify its prices at any time on the Site. Products are invoiced on the basis of the price in force at the time of validation of the order.
The prices of the Products do not include the costs of order processing, packaging and shipping. The latter are included in the delivery costs, which are to be paid in addition to the price of the Products and depend on the weight of the Product as well as the place and method of delivery chosen by the Customer at the time of the order. They are displayed when the Customer indicates his/her delivery address as part of the placing of his/her order.
In the event that the Customer has selected a delivery address located outside the European Union, he may be required to pay taxes, duties, fees or other additional charges upon receipt of the order. BIJOUX BURMA cannot inform the Customer of the exact amount of these taxes, duties, fees or other charges because they depend on each country of delivery concerned. These taxes, duties, fees or other charges remain the exclusive responsibility of the Customer, who is responsible for verifying the formalities and possibilities of importing the Products he/she has ordered and any taxes, duties, fees or other charges he may have to pay taking into account the regulations of the country to which he/she wishes the Products to be delivered.
Methods of payment
Payment is due immediately upon order. Any order will only be considered validated after validation of full payment for the Products ordered, via the secure online payment system offered on the Site.
Payment is made by credit card (Visa, Eurocard/Mastercard/American Express, Union Pay). The sums debited at the time of validation of the order for the full amount cannot at any time be considered as a deposit or instalments.
An invoice is sent to the Customer with the Product.
- RETURN OF PRODUCTS: RIGHT OF WITHDRAWAL AND STATUTORY GUARANTEES
Right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, the Customer has the right of withdrawal and may thus return the Product and obtain a refund (or, at the Customer's option, an exchange), without having to justify a particular reason, provided that he/she exercises this right within fourteen (14) clear days of receipt of the Product (or in the case of an order for several Products delivered separately, from the date on which the last Product of the order concerned was received). The right of withdrawal does not apply to Products purchased in stores, but only those purchased on the Site.
To exercise its right of withdrawal, the Customer must, within fourteen (14) clear days of receipt of the Product, inform BIJOUX BURMA of the exercise of this right by sending the withdrawal form, an example of which is included as an Annex to these GTCs, or any other unambiguous declaration of withdrawal, to BIJOUX BURMA, by email at the following address: firstname.lastname@example.org or by post at the following address: BIJOUX BURMA, 8, Boulevard des Capucines 75009 PARIS - France.
Upon receipt of the Customer's notice of withdrawal, BIJOUX BURMA will send an acknowledgement of receipt to the Customer.
If the Customer has exercised his/her right of withdrawal within the above-mentioned period, the Customer must return the Product:
- in its original box and packaging, attaching the invoice, delivery note and any customs documents to the shipment;
- by the carrier of his/her choice. BIJOUX BURMA draws the Customer's attention to the fact that the return of the Product takes place at the Customer's expense and risk, it is recommended to return the Product at least by registered letter with declared value or by tracked colissimo with insurance paid. Any damage or loss of the Product during the return transport will be the responsibility of the Customer;
- within a maximum of fourteen (14) working days following the communication of its decision to withdraw. Beyond that, the Product will not be taken back;
- to the following address: BIJOUX BURMA, 8, Boulevard des Capucines 75009 PARIS - FRANCE
The returned Products must be in new condition, without having been worn, used, soiled or damaged. Products worn, damaged, soiled, scratched or having suffered any other damage resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the Products, will not be refunded or exchanged.
Subject to the foregoing, BIJOUX BURMA will refund all sums paid to BIJOUX BURMA for the purchase of the Product, including delivery charges (within the limit of what follows), within fourteen (14) days of receipt of the Product or proof of shipment from the latter (if proof of shipment of the Product is provided to us before receipt). BIJOUX BURMA draws the Customer's attention to the fact that if BIJOUX BURMA offers several delivery methods on the Site and if the Customer initially chose a more expensive delivery method than the standard delivery method offered by BIJOUX BURMA on the Site, the delivery costs will be reimbursed only within the limit of those corresponding to the standard delivery method offered by BIJOUX BURMA. Other costs arising from the purchase of the Product (such as customs duties in the case of delivery outside the European Union) and return costs are not refunded and remain the responsibility of the Customer.
If the Customer wishes an exchange instead of a refund, BIJOUX BURMA will proceed with the exchange within the limit of the availability of its stocks. In any event, it is specified that, in the context of the exercise of the right of withdrawal provided for in this article, the exchange option offered to the Customer is valid for a maximum of one (1) time, i.e. for only one (1) exchange. In the event of unavailability of the desired Product in exchange, the Customer will be informed as soon as possible and will then be offered to be refunded the returned Product or to postpone the exchange pending a restocking, if applicable.
The refund or exchange will take place in any case after receipt of the Product initially purchased and verification of its condition by BIJOUX BURMA. In the event of an exchange, BIJOUX BURMA will re-deliver free of charge using the standard delivery method offered by BIJOUX BURMA. In the event of a refund, BIJOUX BURMA uses the same method of payment as that used by the Customer to proceed with his/her purchase.
If these return conditions are not complied with, the Product will be returned to the Customer at his expense and will not result in any refund or exchange. No refund or exchange of a Product purchased on the Site may be made in a BIJOUX BURMA store.
The seller, BIJOUX BURMA, is bound by a statutory guarantee of conformity of the Product sold in accordance with Articles L. 217-4 to L. 217-13 of the Consumer Code:
- The Customer has a period of two years from the delivery of the Product to act;
- The Customer may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
The seller is also bound by a guarantee relating to defects in the thing sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The Customer then benefits from a direct recourse against the seller and can choose between cancelling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
BIJOUX BURMA ensures the perfect quality of its Products, from manufacture to sale.
The consequences of abnormal or improper use of the Products, as well as the consequences of external causes, are excluded from the scope of the guarantees. In particular, the guarantee does not cover damage caused to the Product by impact, abnormal use, improper maintenance, improper use, friction wear, exposure to extreme temperatures, acids (including the very high acidity of certain skins), solvents and chemicals, or modification of the Product.
BIJOUX BURMA will take back a Product in case of delivery not in conformity with the order or defective. To do this, the Customer must comply with the conditions for returning the Product(s) referred to above.
In the event of lack of conformity, the Customer chooses between repair or replacement of the Product. However, BIJOUX BURMA may not proceed according to the Customer's choice if this choice involves a cost that is clearly disproportionate compared to the other method, taking into account the value of the Product or the importance of the defect. BIJOUX BURMA is then required to proceed, unless impossible, according to the method not chosen by the Customer. If it is impossible to repair and replace the Product, the Customer may return the Product and have the price returned or keep the Product and have part of the price returned, in accordance with the provisions of Article L. 217-10 of the Consumer Code.
All claims, requests for exchange or reimbursement under the legal guarantee of conformity provided for in Articles L. 217.4 et seq. of the Consumer Code or the guarantee against defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code must be made by post to the following address: BIJOUX BURMA, 8, Boulevard des Capucines 75009 PARIS - FRANCE.
The Site includes the infrastructure, including computer code, as well as content, including text, sound, still or moving images, videos and databases.
BIJOUX BURMA makes its best efforts to ensure that the information accessible via its Site is accurate. However, BIJOUX BURMA does not guarantee in any way that this information is accurate, complete and up to date.
For access to the Site as well as for all stages of the purchasing process, from order to shipment as well as subsequent services, BIJOUX BURMA is only bound by an obligation of means.
BIJOUX BURMA cannot be held liable for any direct or indirect damage, loss or expense resulting from the use of the Site, or from the impossibility of using it or from a malfunction, interruption due to handling or any other cause or from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or other unintentional problems.
BIJOUX BURMA declines all responsibility for the content available on the websites of third parties to which links exist or on which there are links to the Site. Access to these websites is at the Customer's own risk.
The Products comply with current French legislation and the standards applicable in France.
- INTELLECTUAL PROPERTY
The Site and all graphic, textual, photographic and visual elements appearing on it, such as images, illustrations, animation, drawings, icons, photographs, clips, written texts, sets, displays, jewellery, packaging or anything else, belong to BIJOUX BURMA and are protected in particular by the intellectual property rights belonging to the latter.
The Site and all graphic, textual, photographic and visual elements contained therein may under no circumstances be modified, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the Site and all graphic, textual, photographic and visual elements contained therein may only be used for browsing the Site and, where applicable, to make purchases.
Any other use of all or part of the Site and all graphic, textual, photographic or visual elements contained therein will result in legal action.
It is prohibited to establish a hypertext link to the BIJOUX BURMA Site from a third party site, without the prior written consent of BIJOUX BURMA.
- DISPUTE RESOLUTION
These GTCs are written in French and English. In the event of any contradiction between the French and English versions, the French version shall prevail. These GTCs are governed, applied and interpreted in accordance with French law, whatever the country of delivery, unless otherwise provided by law, which would refer to the mandatory application of a foreign law.
In the event of a complaint or dispute relating to the Site, these GTCs and/or an order, BIJOUX BURMA invites the Customer to contact BIJOUX BURMA customer service (by e-mail to email@example.com or by mail to 8, Boulevard des Capucines 75009 PARIS - FRANCE or on working days by telephone to +331 42 66 21 51 (Monday to Saturday from 10h30 to 18h30 (Paris time)) or by fax to +331 40 17 04 29), in order to report his/her claim or dispute and to try to find an amicable solution with BIJOUX BURMA.
In the event of a complaint that is not resolved amicably by Customer Service, the Customer may refer the matter to the following consumer ombudsman: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73 Boulevard de Clichy, 75009 Paris - www.medicys.fr or refer to the European Commission's online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event
In the absence of an amicable agreement (including via the mediation process provided for above), or if the Customer wishes to bring his/her claim or dispute directly before the courts without going through an attempt at an amicable settlement, the French courts will have territorial jurisdiction for any dispute, unless otherwise provided by law, which would lead to the mandatory jurisdiction of a foreign court.
The Parties expressly declare that the GTCs express their entire agreement with respect to their subject matter and that they supersede any previous agreements between them in relation to that subject matter. If any of the provisions of the GTCs are invalid, the relevant provision will not be applied but the other provisions will remain in force.
Annex - Withdrawal form
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the product(s) below:
Ordered on (*)/received on (*):
Order number :
Name of the consumer(s):
Address of the consumer(s):
I/We (*) would like (*) a refund/exchange (*)
If it is an exchange, reference of the desired product in exchange:
Signature of the consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.