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1.about the site www.sofiah.ch
the site is edited by sofiah a simplified joint stock company registered in the trade and betting companies register under number xxxxxxx, whose head office is located at xxxxx and represented by its chairman.
the GTC are applicable to any use of the site and to any order placed on the site. they are communicated to customers when ordering and are available to users at any time from the site.
users acknowledge having read and understood the terms and conditions and hereby agree to be bound by them. the general conditions prevail over all other contractual documents issued by users.
the company reserves the right, at its sole discretion, to modify the T & Cs at any time by posting a notice on the site or sending a notice to users by email. users are responsible for reviewing the amended T & Cs and should familiarize themselves with these changes. any consultation of the site or any order subsequent to such notification of modification of the T & Cs implies acceptance of the new T & Cs by the user.
cgv designates these general conditions of sale detailing the conditions of use of the site and the methods of placing orders;
customer means any natural or legal person having a valid account or making one or more orders on the site with or without an account;
order means the customer’s firm order for the acquisition of one or more products available on the site. the creation of an account is not necessary to place an order;
account means a valid account of a user allowing in particular the placing of orders and access to his order history;
the content designates the content (texts, sounds, videos) posted on the site by the gram and belonging to it;
personal data: all personal data relating to a natural person allowing their identification;
the confidentiality policy refers to the document drawn up by the company presenting its processing of users’ personal data and defining their corresponding rights;
Products designate jewelry items and more generally products offered for sale by the gram via the site. all products offered for sale on the site are new;
site means the online store accessible on sofiah-jewelry.com from which users can order;
user designates any customer or not who consults the site.
3.subscription to the site and order
orders are made from the site.
3.1. creation of an account or access to the account
to place an order, the user can create an account or directly choose the products that will complete his basket.
if they create an account, the customer will receive an email from the company confirming their registration and reminding them of their username.
if the customer already has an account, all he has to do is identify himself with his password. Customer passwords are strictly personal and confidential. customers should not share it with other people. The customer is responsible for the loss or theft of his password if it is proven that he has committed a fault attributable to him. in this case, customers must inform the company without delay.
for more information concerning the personal data processed by the gram, the customer is invited to consult the confidentiality policy.
the company reserves the right to modify the nature of the personal data necessary for the creation of an account or to maintain the validity of an account.
3.2. selection of products and addition of products to the customer’s basket with or without an account
the customer can select the products of his choice, provided that they are available for sale online and in the desired quantity, subject to acceptance of the gram.
the total price excluding taxes and the total price including all taxes will be displayed on the site. the customer can consult the delivery costs, delivery times and return conditions in the “delivery and returns” menu.
to add a product to his basket, the customer must:
click on the “choose” button;
choose the desired size and any customization requested;
click on the “add to cart” button.
the customer can finalize the order by proceeding to payment or continue shopping from the site.
3.3. payment to complete the order
before finalizing the order and paying, the customer is directed to a page on the site allowing him to consult the details of the selected products that he can modify.
Before proceeding with payment, the customer must complete the billing information and delivery information and choose the shipping methods indicating any shipping costs.
the customer will be informed of the estimated delivery time of the products.
before payment, the customer can check his order and must validate the cgv.
payment for products can be made by any means of payment offered via the site, in particular by credit card and paypal.
the order will only be processed by the company after payment by the customer.
3.4. acknowledgment of receipt of the order and confirmation by the order gram
after placing the order, the customer will receive by e-mail an acknowledgment of receipt of his order including in particular the order number. the acknowledgment of receipt does not constitute acceptance of the order.
Once the order has been accepted, the company will send the customer an order confirmation by email.
3.5. product delivery
the products will be delivered to the address provided by the customer, to a relay point or to the company’s showroom according to the customer’s choice.
4.Purchase conditions and customer guarantees
to place an order, the customer, if he is a natural person, must be of legal age (or failing that, place an order with his legal representatives) and be legally capable of contracting.
if the order is made on behalf of a legal person, the customer declares and guarantees that he is authorized to place the order on behalf of the latter.
the customer guarantees that the products will not be delivered, sold and distributed for commercial purposes.
any order placed in violation of this article will be null and void.
by validating an order, the customer submits to the company an offer to purchase the products placed in his basket. the company reserves the right to refuse, cancel and terminate orders at any time if the circumstances make it legitimate, in particular in the event of violation of the GTC or attempted fraud.
5.product information and availability of products offered on the site
the products offered for sale are those which appear in the collections accessible on the site and which can be ordered, except for exceptional unavailability.
the company reserves the right to occasionally limit the quantity of products that can be ordered by a customer during the same order.
the photographs of the products are provided for illustrative purposes and are not contractual.
the user is invited to consult the description of each product to know its essential characteristics. the products bear the different hallmarks used to certify the quality of the metals used by the company.
in the event of exceptional unavailability of the product ordered, the company will inform the customer as soon as possible and the customer can modify his choice or cancel the order. in all cases, the company will offer the customer to supply a product of equivalent quality and price.
6.product prices and delivery costs
the products will be invoiced on the basis of the price in effect at the time of confirmation of the order.
the prices are understood in:
euros, net, all taxes included, on the basis of the prices communicated to users for deliveries in mainland France (including Corsica) and in all the countries of the European Union, with the exception of the United Kingdom, where prices are in pounds sterling;
dollars, net, inclusive of all taxes, based on rates communicated to users for deliveries to the United States and Hong Kong.
packaging and shipping costs can be viewed by users on the product pages and will be communicated to the customer before the order is confirmed.
in no case will the prices appearing on the site during the ordering process bind the company for future orders. the prices of the products can be modified at any time by the company, without notice and except for an order in progress.
7.payment of products and invoicing
the customer will have to pay the entirety of his order by bank card via the technical service provider Stripe, by paypal or by any means which will be proposed and accepted by the company.
to proceed with the payment, the customer will enter his payment details via stripe, the technical service provider responsible for the online processing of payments. transactions made by credit card are secure.
in case of refusal of authorization of payment, the customer must contact directly the issuer of the payment card responsible for such refusal.
all invoices are dated the day the order is placed. the invoice is sent by email to the customer and a copy will be inserted in the package containing the products. the customer will have access to all his invoices from the site for a determined period.
8 Accessory services offered by the company when ordering: personalization of products and gift packaging
when placing an order, the customer can choose to personalize certain products by selecting the “engraving” option, provided that this is offered by the company.
the personalization of a product by “engraving” is only possible before ordering and can only concern products manufactured by the company.
the customer is solely responsible for the choice of the terms he requests that they be engraved on the product, knowing that any engraving has a limited number of characters.
when the customer has requested the “engraving” personalization, this option appears in the order summary.
the customer is informed that the personalization “engraving” of a product can have consequences on the delivery time, which he expressly accepts.
Except for lack of conformity or manufacturing defect of the products and in accordance with article l.121-21-8 3 ° of the Consumer Code, personalized products cannot be returned for exchange or refund, which the customer expressly accepts.
at the customer’s request, the company can send the product (s) in gift wrapping.
9.Order shipping and order delivery
the products will be delivered to the delivery address indicated by the customer when ordering. the company reserves the choice of the carrier.
Unless otherwise indicated on the site, the company can ship the products to the following countries: in mainland France (including Corsica), in all the countries of the European Union, in Switzerland, in the United States, in Hong Kong, in Canada, Mexico, Chile, China, Japan, South Korea, Taiwan, Singapore, Thailand, Macau, Australia, Israel, United Arab Emirates, South Africa, Saudi Arabia, Bahrain, Kuwait and Qatar.
delivery times are displayed on the site: unless otherwise indicated, delivery times:
vary from one (1) to two (2) working days excluding public holidays after the order, for deliveries in mainland France (including Corsica) and in the countries of the European Union;
vary between two (2) to five (5) working days excluding holidays after ordering, for deliveries to the United States and Hong Kong (subject to customs delays);
are fifteen (15) working days excluding public holidays after the order, for personalized products delivered in mainland France (including Corsica), in the countries of the European Union, in the United States and in Hong Kong (subject to customs delay).
for any order in mainland France (including Corsica) or in one of the countries of the European Union, the delivery costs of the products are offered by the company, which reserves the right to modify the amount of the delivery costs and pass them on to customers, with the exception of pending orders confirmed by the company.
for all orders in the united states and hong kong, the delivery costs will be borne by the customer and, unless otherwise indicated on the site, will amount per order to thirty (30) euros for the united states or thirty (30 ) euros for the United States. five (35) euros for hong kong. the delivery rate does not include any customs duty or import tax which the customer will have to free himself from when collecting his parcel.
in the event of delivery outside mainland France, customs duties or other local taxes may be required, which are the sole responsibility of the customer and are his sole responsibility, in particular for declaration and payment. the customer is invited to inquire with his local authorities before ordering.
delivery will be deemed to have been made upon receipt of the order by the customer or the recipient of his choice. it is their responsibility to check upon receipt that the products have not been damaged during transport and to immediately inform the company if this is the case.
the customer already accepts that the supporting documents of the deliverers and / or carriers are used as proof of delivery of the orders.
the company will be exempt from all or part of its responsibility for any delay or failure to perform by providing proof that this is attributable either to the customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force major within the meaning of article l.121-19-4 of the consumer code.
10.Right of withdrawal for non-professional customers
In accordance with the legal provisions in force, the non-professional customer benefits from a right of withdrawal which he can exercise without having to justify a reason within fourteen (14) days from receipt of the products, except when were personalized at the request of the customer.
if the order concerns several products, the withdrawal period starts from the reception of the last product.
to exercise the right of withdrawal, the customer must return the withdrawal form reproduced below or a written declaration expressing unambiguously his desire to withdraw from the company to the following address: withdrawal service: Rue du viaduc 1, 1008 Prilly (Swiss).
the products must be returned by the customer within fourteen (14) days of the communication of his decision to withdraw.
in the event of exercise of the right of withdrawal within the aforementioned period, and in accordance with the provisions of article l121-20-1 of the consumer code, the amount of the order as well as any delivery costs will be reimbursed to the customer.
the return costs will be borne by:
for orders placed and received in mainland France (including Corsica) or in one of the countries of the European Union: by the company which will send, after having been informed of the exercise of the right of withdrawal, to the customer the information allowing the return of products; Where
for orders placed and received in the United States and Hong Kong: by the customer, who will inform the company of the exercise of the right of withdrawal so that the company can send it the information allowing the return of the products. any customs fees applied are the responsibility of the customer.
the products must be returned to the following address: XXXXXXXXXX in perfect condition for resale (unworn, in good condition, in good condition or soiled), in their original packaging, accompanied by the certificate of authenticity, any accessories ( excluding gift wrapping) and a copy of the invoice.
if the return is accepted after checking the condition of the products, the refund will be made by the company or, where applicable, by its alma partner, by the same means of payment as that used by the customer no later than fourteen (14 ) days from the receipt of the product (s) by the company or the transmission of proof of shipment of the product (s).
model withdrawal form to be returned by registered letter with acknowledgment of receipt:
for the attention of the company XXXXXXXXXXXXXXX
11. lack of conformity and hidden defects of the products
the provisions of this article are without prejudice to the right of withdrawal provided for in article x.
in accordance with the legal provisions in force, the products benefit from the legal guarantees of conformity provided for by articles l.211-4 and following of the consumer code and hidden defects provided for by articles 1641 and following of the civil code.
the customer has a period of two (2) years from the delivery of the products to act as a legal guarantee of conformity or in the absence of hidden defects.
the products must be returned, in accordance with the return procedure mentioned in article x by writing to email@example.com, in a perfect condition for resale (unworn, undamaged, damaged or soiled, in addition to the alleged defect), in their original packaging, accompanied by all accessories (excluding gift packaging) and a copy of the invoice.
if the return is accepted, the customer may request the repair or replacement of the product, or if these are impossible, the resolution of the sale or a reduction in the sale price for products affected by hidden defects.
the return costs will be borne by the company which, after having been informed of the exercise of the right of withdrawal, will send the customer the information allowing the return of the products.
12. Responsibilities and guarantees
the customer is solely responsible for his account which allows him in particular to manage his orders, the personal data appearing therein and his password.
the customer is fully responsible for any payment incident. the customer guarantees the company to be fully vested with the rights to settle any order that he undertakes to honor in full.
the company will not be responsible for:
any stock shortage that may occur during an order;
partial or total non-performance of its obligations or any delay in the performance thereof, if this non-performance or delay was caused by the occurrence of unforeseeable, irresistible and external events or if this non-performance or poor performance is attributable to users or that it is the unforeseeable and insurmountable fact of a third party;
difficulties related to the Internet network and difficulties related to hosting and more generally any technical disruption that may occur on the site.
the site may be interrupted for technical reasons without the responsibility of the company being able to be implemented as such.
if the responsibility of the company should be engaged for any reason whatsoever, the maximum amount to which the company could be condemned cannot in any case exceed the amount of the order.
for any request, the company can be contacted via form or email, go to the contact page.
14. Intellectual property
the site is an intellectual work protected by intellectual property rights. the site is the exclusive property of the company the company.
any reproduction or representation, in whole or in part, of the site, or of one of its elements, on any medium whatsoever, for other purposes, and in particular commercial, is expressly prohibited.
the company does not control the content, advertising, products or services available on or from sites linked to its site.
the products marketed by the company constitute intellectual works protected by intellectual property rights. The acquisition of a product does not confer on the customer any transfer or assignment of intellectual property rights.
15. account deletion
the customer can ask the company to delete his account by writing by email or via the form on the contact page
the deletion of the account will be effective two months after receipt of the request by the company and except for an order in progress.
the customer will have to recover the invoices of his orders before the deletion of his account.
16. force majeure
neither the customer nor the company will be responsible for any defect or delay in performance caused by reasons beyond its control, such as fire, flood, epidemics, famines, earthquakes, hurricanes and other disasters. natural or even the regulation or acts of any authority or or military act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third parties.
17. final stipulations
the non-complaint by the company of any of the stipulations of the general conditions cannot be considered or interpreted as a waiver of its benefit.
if one or more stipulations of the GTC are declared invalid, the others will retain all their force and scope. in this case, the parties must, if possible, replace this canceled stipulation by a valid stipulation corresponding to the spirit and the object of the general conditions.
17.2 the GTC are governed by French law. the French version of the cgv prevails over any other version.
in the event of a dispute, the non-professional client has the option of resorting to mediation or any other alternative dispute resolution method.
within the limits provided for by the law in force, any dispute as to the validity, interpretation or execution of the general conditions, will be subject to the exclusive jurisdiction of the tribunal de grande instance of paris, including in the event of a warranty call. or plurality of defendants.
users acknowledge having read and understood the terms and conditions and hereby agree to be bound by them.