TERMS AND CONDITIONS OF SALE
Applicable since 10th November 2017
The present conditions have the effect of governing the relations between on the one hand Jenny Dee SARL company whose head office is located 1204 Geneva, hereinafter “the Company” or “Jenny Dee”, and on the other hand the web user wishing to place an order hereinafter referred to as “the Customer”.
The present general conditions of sale apply without restriction or any reserve to all the sales concluded by “Jenny Dee” with regard to the products sold in the electronic catalog of the website www.jennydeejewelry.com (the “Website”) as part of a distance selling system.
ARTICLE 1: PURPOSE
– These terms and conditions of sale specify the rights and obligations of the web user in respect of the products sold in the electronic catalog of the www.jennydeejewelry.com website (hereafter the “Company”) within the framework of a distance selling system.
– The contract established in the case of an effective order made within the framework and according to the conditions set forth in these terms and conditions, is that of the regulation on distance selling, pursuant, in particular, to the Consumer Code, as well as the specific provisions set forth below.
– The order implies irrevocable acceptance of the terms and conditions. The Customer states that (s)he has the capacity to enter into this contract, i.e. (s)he is of legal age and not under guardianship.
– The Customer’s full acceptance of these General Terms and Conditions of Sale involves ticking the box “I accept the general terms and conditions of sale”. Ticking this box will be considered as having the same value as a handwritten signature by the Customer.
ARTICLE 2: IDENTIFICATION OF THE OFFEROR
The Company is:
JENNY DEE SARL (hereafter the “Company”)
Registered address: Cours de Rive, 1204 Genève
VAT No.: CHE-293.807.445
Customer Service : firstname.lastname@example.org
Tel: +41 22 700 04 37
ARTICLE 3: PRODUCTS
– The products offered for sale are those listed on the Website on the day that the Website is accessed by the Customer.
The Website does not sell products which are used, defective or inferior to market standards. Some of our pieces are unique; others may be made from natural stones. Our products are handmade with the utmost care and precision.
– We draw the Customer’s attention to the fact that the photographs illustrating our products may differ slightly from reality due to the Customer’s screen settings and the lighting when the photo shoot took place.
Furthermore, as these are artisanal creations, the items may have irregularities in finish or differences in format and/or colors, all of which are inherent to this type of production and cannot be considered to be major defects. The Company’s liability cannot be sought and the validity of the order cannot be affected in respect thereof.
– The photographs, graphics and descriptions of the products offered for sale are purely indicative and not binding upon the Company. Customers may obtain further information by contacting Company’s Customer service team.
ARTICLE 4: PRICES
The prices displayed are indicated in CHF, EURO, GBP and USD, depending on the delivery country selected by the Customer.
– All prices will be shown exclusive of all taxes except in Switzerland, and exclusive of postage charges and customs duty.
ARTICLE 5: ORDERS
– It is not necessary to create a personal account to submit an order via the Website. The Customer also has the option of ordering using the “instant checkout” form provided on the Website and following the instructions.
– After checking the content of the order, and the total cost thereof (products ordered, shipping charges, optional services), the Customer shall definitively confirm it at the payment stage. This confirmation shall have the value of entering into a contract.
– Once the contract is concluded, the Company will email the Customer a receipt for the order, containing a summary of the information entered in the order form. The invoice for the order will also be provided as an attachment to the e-mail sent to the Customer.
– The languages in which the contract can be concluded with the Website are French and English.
ARTICLE 6 : PAYMENT METHODS
– For payment of product prices and shipping costs, the Customer shall follow the procedures indicated in the order form.
The Customer has the option to pay by debit or credit card, bank transfer or Paypal. The following cards are accepted: CB, MasterCard®, Visa®, American Express®.
In the case of payment by bank transfer, the Customer has five (5) business days from confirmation of the order to transfer the agreed amount. A reminder will be sent to the Customer within 7 days if the expected sum has not been received in the bank account of the Company. The order may be canceled if the purchaser does not make the transfer within the stated deadline. Once we recieve the amount, all pieces will be shipped.
In case of payment by PAYPAL, the Customer expressly acknowledges having read and accepted the general terms and conditions of PAYPAL, which is solely responsible for processing the personal data related to the payment method entered by the Customer.
– Upon payment, the bank will request personal information about the Customer to verify the identity of the cardholder and validate the transaction. The Customer shall provide his/her credit/debit card number, according to the type of card, the expiration date thereof and the security number ( usually 3-digit number on the back of the card).
– The Customer guarantees the seller during the validation of his/her order, that (s)he is in good standing with the issuer of the credit/debit card.
– The financial information shall be transferred via an encrypted protocol to Paypal or to other banks providing services related to remote electronic payment.
ARTICLE 7: DELIVERY
All our products will be shipped with a national or international carrier and will be declared at customs for all international orders (out of Switzerland).
7.2 Delivery times and production
– For all products in stock, any order via the Website will be processed and shipped within 5 to 7 business days (excluding weekends and holidays) unless we indicate otherwise. An email will be sent to confirm both the processing and shipping of the order
– For all “order to made” requests, meaning a product we do not carry in stock, please allow 3 to 6 weeks of production and shipment. You’ll be informed of this before finalizing the order.
– The Company delivers throughout the European Union and the rest of the world. The ordered product is delivered to the address which appears on the Customer’s purchase order. The delivery address may differ from the billing address.
– The delivery time depends on the delivery address. The Company shall not be held liable for any delay due to customs clearance of the exported goods.
– The delivery times specified only apply following shipment of the order.
– In this respect, it is up to the Customer to check the contents, compliance and condition of the product upon delivery. This check is deemed to have occurred when the Customer, or a person duly authorized by him/her, signs the delivery note presented by the shipping service.
– Despite the care taken in the preparation of orders, it is possible that a product may be missing, or that an error may occur during the preparation. If you encounter such an error, please report it by email to email@example.com within a maximum of 48 hours of receiving the order.
7.3 Shipping of Special Orders
– So-called “special” orders include personalization of jewelry (including engraving) and the creation of bespoke jewelry. Any purchaser wishing to make a special order is invited to contact our Customer service team to discuss the feasibility of his/her request, get a price a quote and find out shipping times.
– All products for these special orders cannot be exchanged or refunded.
ARTICLE 8: RIGHT TO RETURN
The Customer has fourteen (14) days to return the purchase.
This fourteen (14) day period begins:
– as of the day on which the Customer, or a third party that is not the carrier, designated by the Customer, receives the ordered item,
– or, in the case of an order which includes several items which are delivered separately, as of the day on which the Customer, or a third party that is not the carrier, receives one or several items.
– The Customer must notify the Company by email (firstname.lastname@example.org) stipulating:
The order number
the reasons of retraction
– The Customer must return the product within fourteen (14) days of notification of his/her return to the address send by email and the shipping service must be approved by the Company.
Return shipping costs are at the Customer’s expense:
On receipt, and after verification of the goods returned by the Customer, the Company shall refund the payments received within fifteen (15) days and only in the form of a voucher available on the Website or exchange the product.
– However, we will only accept to exchange and refund as a voucher jewelry if all the following conditions are met:
1) The product must not have been worn, used, altered, washed or damaged
2) The product must not have been customised (cf Shipping of Special orders 7.3)
3) The product must be returned in its original packaging along with the invoice
– In the event that the return of the product by the Customer is due to an error by the Website, such as a product missing from the order, a non-compliant product (subject to Article 3 hereof) or a manufacturing defect in the product, the Company undertakes to refund as a voucher on the Website, in addition to the purchase price of the product, the shipping costs incurred by the Customer for the delivery of the product.
The Customer must report the error by email to email@example.com within a maximum of 48 hours of receiving the order.
No refund as a voucher or exchange may be made to any Customer who has not exercised his/her right of return under the terms of this Article.
ARTICLE 9: WARRANTY
In case of any manufacturing defect a guarantee covering manufacture or material defects under normal condition of use for one year from the date of purchase (two years for orders put within EU).
The guaranteed piece(s) turned out to be defective will be repaired within the possibilities, replaced or exchanged.
In case of exchange, there can be no assurance that the replacement model will be identical. The customer can only claim for a piece of similar value.
The guarantee only applies under normal condition of use. Are excluded from the guarantee: ageing, rhodium-plating ageing, damage due to use of perfume, breakage or loss from accidental circumstance, the intervention of a third party, improper use or lack of maintenance.
The guarantee applies by presenting the certificate duly dated and stamped by the seller.
ARTICLE 10 : CUSTOMER SERVICE
For further information or to make a complaint, Customers can contact customer service at the following address: firstname.lastname@example.org.
ARTICLE 11: INTELLECTUAL PROPERTY
The Website is the property of the Company. It is protected by international laws and treaties concerning copyright as well as those concerning intellectual property.
All rights related to the Website and the concept of the Company’s entire activity, their original and innovative nature, in particular intellectual property rights for the text, literary, artistic, graphic (including photographs) and audio-visual creations, IT developments, HTML developments and other intellectual work and, in general, any creations that may be protected by intellectual property law such as images, logos, format, style guide, structure, ergonomics, colour code, fonts, the basic graphics, graphical organisation of screens, layout, backgrounds, visual identity of the Website, belong to the Company or are regularly used by the latter, without any limitation.
The Customer undertakes not to undermine directly or indirectly the Company or Website, or infringe the Company’s rights.
ARTICLE 12 : PERSONAL DATA
Delivery of the order requires the provision of some personal data about Customers, in particular their name, first name, postal address, date of birth, phone number and email address. The data collected is required by the Company to meet its obligations, specifically for order confirmation and delivery. Customers not wishing to provide this data will not be able to order on the Website.
This data is kept for this sole purpose and the Company undertakes not to use it in any other context, or send it to third parties, without the express agreement of the Customer, or in cases not provided for by law.
ARTICLE 13: CHANGES AND UPDATES
The terms and conditions are changed regularly, notably to take into consideration any potential regulatory changes. The new terms and conditions shall apply as of the date of their publication on the Website.
ARTICLE 14: MISCELLANEOUS
If any one of the clauses of these General Terms and Conditions of Sale should prove null and void or unenforceable by virtue of a law or regulation or following an enforceable decision of a competent court, the Costumer and the Company expressly agree that this Agreement will not be affected by the invalidity of the clause concerned.
Should one of the parties not require at any time, the strict performance by the other party of any provision or condition of this terms and conditions, this will not be considered to constitute a permanent waiver of this provision or condition.