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OUR TERMS

1. PREAMBLE

The company SAMPIERI JOAILLERIE SASU, registered under SIREN 884381054 and located at 229 RUE SAINT-HONORÉ PARIS (hereinafter "the Seller") is a business specialized in the creation and sale of jewelry items (hereinafter "the Products") to buyers (hereinafter "the
Customers"). These General Terms and Conditions of Sale (hereinafter "the GTC") apply to any order (hereinafter "Order") of one or more products placed by the Customer on the website
https://paulinesampieri.com/ (hereinafter "the Site"). Any order implies full and complete acceptance of these GTC, and no product can be sent or purchased without the total acceptance of the GTC.

 

2. DEFINITIONS

"GTC" refers to these General Terms and Conditions of Sale. "Customer" refers to any individual user of the Site placing an order on the Site and ensuring they have the capacity to contract with the Seller to make a purchase. "Order" refers to the online ordering service for products available on the Site. The Customer places their order online and receives their product under the conditions set out in these GTC. "Site" refers to the Seller's website on which the Products are offered for sale. "Product" refers to the jewelry items or accessories offered for sale on the Site. "Seller" refers to the company SAMPIERI JOAILLERIE.

3. SCOPE OF APPLICATION

These general terms and conditions of sale (GTC) constitute the rules applicable to the transaction between the Customer and the Seller. They are systematically addressed or given to each Customer before any order and at the time of registering the Order. Any order by the buyer implies acceptance without restriction or reservation of these GTC. These GTC will be subject to the buyer's acceptance, who must, before any order is taken into account, check a box for this purpose after having read the document. These GTC apply to the sale of Products. The fact that the Seller does not invoke any of these general terms and conditions of sale at a given time cannot be interpreted as a waiver of the right to subsequently invoke any of said conditions.

The GTC may be modified, so the Customer is invited to check for any modifications before placing any order. The applicable GTC will be those online and in effect at the time of placing the Order.

4. ORDERS 

As a preliminary matter, any order placed on the Site must be made by an adult individual who has the legal capacity to enter into contracts and provide a delivery address served by SAMPIERI JOAILLERIE. Any person who does not have the capacity to place an order must necessarily go through a legal representative, guardian, or any person meeting the above criteria. Orders that can be placed on the SAMPIERI JOAILLERIE website are strictly reserved for individuals.

All of our products are only available for pre-order, so an average wait time of 4 to 8 weeks once your order is processed must be taken into account (this processing time may be longer for international orders). In the event of a general or particularly urgent request, please contact SAMPIERI JOAILLERIE via the contact form on the website.

Any customer making a purchase of products on the Site agrees to do so for non-commercial and non-professional purposes. Each customer thus undertakes not to purchase the products for profit, by reselling or distributing them in any way.

In the event of a malfunction of the Site that affects orders or transactions, or a stock shortage of the ordered products, SAMPIERI JOAILLERIE will have the option to cancel the online order placed by the customer. The customer will be informed of this as soon as possible by email or SMS in order to indicate the reason for the cancellation of their order. In order for the customer to place an order on the Site, certain information must be provided to the Seller, including:

• their first and last name
• their email address
• their mobile phone number
• their desired password (if a customer account is created)
• their address
• their bank details

In the event of the creation of a customer account, a summary confirmation email will be sent to the customer at the email address they provided. The Customer agrees to provide accurate and complete information, and it is their responsibility to update such information if necessary. The Customer agrees not to create an account under a false identity. Access to the Customer Account is protected by a personal and confidential password. The Customer agrees to keep it secret and not to disclose it to any third party for any reason. The Customer is responsible for their password. The Seller cannot be held responsible for any use of the Customer's account by a third party who has accessed their identifier and password in any way. If the Customer becomes aware that their account is being fraudulently used, they undertake to immediately report it to the Seller.

Before placing a final order, the Customer will have the opportunity to verify the characteristics of their order and correct any errors before confirming it. To place an order, the Customer must click on the Pay button and provide their payment information. Once the order is placed on the Site, a confirmation email will be sent to the Customer indicating their order number, the details of the SAMPIERI JOAILLERIEProducts ordered, and these General Terms and Conditions of Sale. The images posted on the Site and those communicated by SAMPIERI JOAILLERIE do not guarantee that the Products received will be strictly identical. Minor differences may exist between the photos and the Product received by the Customer. SAMPIERI JOAILLERIE cannot be held responsible for minor differences that may occur.

In accordance with the provisions of Article L. 121-11 of the French Consumer Code, SAMPIERI JOAILLERIE may refuse an order at any time for a legitimate reason: 

• Prior dispute with the Customer
• Default or incident of payment during a previous order
• Particularly abnormal order, due to particularly excessive quantities or amounts.

5. MODIFICATION AND CANCELLATION OF THE ORDER

All SAMPIERI JOAILLERIE pieces are made to order only, therefore, if the client wishes to cancel or modify their order, they are required to contact SAMPIERI JOAILLERIE within 24 hours of placing the order. 

The Client is aware and informed that SAMPIERI JOAILLERIE offers for sale bespoke products made to measure. Regarding SAMPIERI JOAILLERIE Products falling under the category of personalized products, in accordance with the provisions of article L.221-28 3° of the Consumer Code, the right of withdrawal applicable in the context of distance selling cannot be exercised in the case of the supply of goods which, due to their personalized manufacturing at the request of the Customer, cannot be sold to another Customer.

24h after placing the order and In accordance with the aforementioned provisions, it is clearly indicated that any Order on the Site is firm and final, therefore the exercise of the right of withdrawal is excluded. In accordance with article L.221-28 of the Consumer Code, the Client will not be able to exercise the right of withdrawal for:

• Products made to the Client's specifications or personalized at their request;
• Products that have been unsealed by the Client after delivery and Products that cannot be
returned for reasons of hygiene or health protection.

Thus, 24 hours after the orders have been validated and paid, no goods can be cancelled, exchanged or refunded.

6. PRICE

The products are provided at the prices in effect at the time of placing the order, expressed in euros, and taking into account the applicable VAT on the day of the order; any change in the rate may be passed on to the price of the products or services. The applicable price is the one in effect on the day of placing the order. The prices of the Products indicated on the Site are formulated including VAT but excluding delivery costs. SAMPIERI JOAILLERIE reserves the right to modify prices at any time. Delivery costs are indicated at the time of placing the order and vary depending on the Client's geographic location.

In the event of an error in the amount of prices displayed on the Site, SAMPIERI JOAILLERIE reserves the right not to provide the Products whose price would be presumably incorrect. The Client will be informed of this situation through the various communication channels available and provided by the Client. In the event of placing an order, it will be cancelled, and the price paid will be refunded within 14 days from the cancellation on the credit card used to make the Order.

7. DELIVERY

i. TERMS

Delivery is carried out in accordance with the order by handing over the product to the Client at the specified address. No delivery can be made to public or collective places such as hotels, PO boxes, pick-up points, or non-fixed residences. The order process follows the following steps:

• Adding to cart: adding to cart does not guarantee the availability of the product, only an
order confirmation will validate the purchase

• Verification and validation of products added to the cart: The Site will propose to verify
the cart before proceeding to the ordering process.

• Order and customer information: At this stage, the Client provides their personal information regarding delivery and proceeds to payment

ii. DEADLINES

The delivery time begins and starts from the day the order confirmation email is sent. SAMPIERI JOAILLERIE undertakes to use its best efforts to ensure that the carrier delivers the Product within the estimated delivery time. In case of delay in the delivery of the Product, SAMPIERI JOAILLERIE will keep the Client informed of such delay and will take all means at its disposal to remedy it. Exceeding the delivery deadline cannot give rise to damages, withholding or cancellation of current orders.

All deliveries are made by DHL in person against signature. We ship both locally and internationally. All our shipments are sent via DHL and are fully traceable. We will send you a shipping confirmation email including a tracking number as soon as your order is shipped. You can use this number to track your order online. Shipping costs will be calculated based on your location at the time of payment. Please note that international shipments may incur import or customs fees upon entry into the destination country. We do not cover these duties and taxes, so they are the responsibility of the recipient. Unfortunately, we have no control over these potential fees and cannot predict their amount. Please contact your local customs office for more information before placing an order.

iii. DELIVERY

Upon delivery, a handwritten signature from the Client will be required to confirm the delivery of the Product. Once this signature is obtained, the responsibility for the Products is transferred to the Client. All international and French deliveries are carried out by DHL, and these orders can be tracked using the tracking number that we will provide when the order is placed. For international shipments, import or customs fees may apply. If another recipient has been specified on the Order, their signature constitutes a transfer of responsibility and the full execution of the sales contract between SAMPIERI JOAILLERIE and the Client. Upon receipt of the Product, the Client agrees to check the package, its contents, and to make any reservations or complaints regarding the condition or conformity of the Product.

In case of opening or damage, the carrier must be informed of the defects relating to the package received. In such a case, it is strongly recommended that the Client indicate precisely and in detail the damage observed on the Product. Consequently, the absence of reservation on the part of the Client will be considered as full and complete acceptance of the Product and will constitute the execution of the sales contract. This execution of the sales contract does not of course exclude the application of applicable legal warranties.

iv. RETURNS

In accordance with Article L.221-28 of the Consumer Code, the Client cannot exercise the right of withdrawal for:

• Products made to the Client's specifications or personalized at their request;
• Products that have been unsealed by the Client after delivery, and products that cannot be returned for reasons of hygiene or health protection.

We currently do not accept returns on any item. All of our pieces are made to order, therefore no exchanges or returns can be granted. 

All our products are carefully inspected by our quality team before being shipped to ensure high-quality standards. Unfortunately, damage caused to items by normal wear and tear is not refundable and will not be accepted. Please be sure to read our care instructions to avoid any potential damage to your piece.

8. WARRENTY

i. SCOPE

The Client benefits from the legal warranty of conformity in accordance with articles L. 217- to L. 217-12 of the French Consumer Code and the legal warranty for defects in the goods sold in accordance with articles 1641 to 1648 of the French Civil Code. Under the legal warranty of conformity, the Client: 

• Has a period of two (2) years from the delivery of the product to take action against SAMPIERI JOAILLERIE;
• When repair is possible, can choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
• Is exempted from providing proof of the existence of the non-conformity of the product during this period. The legal warranty applies independently of any commercial warranty that may be offered. The Client may decide to enforce the warranty against hidden defects in the goods sold within the meaning of articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

WARRANTY OF CONFORMITY

Article L. 217-4 of the French Consumer Code: The seller delivers goods that are in conformity with the contract and is liable for any non-conformity defects that exist at the time of delivery. He is also liable for any non-conformity defects resulting from the packaging, assembly instructions or installation, when these have been charged to him by the contract or have been carried out under his responsibility.

Article L. 217-5 of the French Consumer Code: The goods are in conformity with the contract:

1. If it is suitable for the customary use of a similar good and, where appropriate:

• If it corresponds to the description given by the seller and has the qualities presented by
him to the buyer in the form of a sample or model;
• If it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2. Or if it has the characteristics agreed upon by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. 

Article L. 217-12 of the French Consumer Code: The action resulting from non-conformity defects is time-barred two years from the delivery of the goods.

Article L. 217-16 of the French Consumer Code: When the buyer requests from the seller, during the commercial warranty that was granted to him during the acquisition or repair of a movable good, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the request for intervention by the buyer or the availability for repair of the goods in question if this availability is subsequent to the request for intervention.

GUARANTEE OF HIDDEN DEFECTS

Article 1641 of the Civil Code: The seller is bound to a guarantee on account of hidden defects in the thing sold that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given a lesser price for it, had they known of the defects.

Article 1648, paragraph one of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect. The photographs offered on the Site are not contractual and cannot engage the liability of SAMPIERI JOAILLERIE. SAMPIERI JOAILLERIE does not guarantee in any way that the product descriptions, measurements, and color palettes indicated on the Site correspond exactly to the finished Product. This information is provided for guidance only and may vary slightly.

ii. EXCLUSIONS

Defects and damage caused by natural wear and tear or an external accident (breakage, falls, shocks, crushing, oxidation), by a modification of the product not foreseen or specified by the Seller, by its abnormal use, or for its use in conditions other than those for which it is manufactured, particularly in conditions not prescribed by the manufacturer or the Seller, are excluded. SAMPIERI JOAILLERIE will not be responsible for the non-delivery of the Product if the non-performance is attributable to the buyer, an unforeseeable and insurmountable event of a third party to the contract, or a case of force majeure.

9. PAYMENT

If payment has not been successful during the ordering process, the sale will be immediately terminated for the canceled order by SAMPIERI JOAILLERIE. The provisions of Article 1359 of the Civil Code are inapplicable to sales made on the Site. All orders on the Site must be followed by payment via PayPal or credit card (cards from the network accepted by SAMPIERI JOAILLERIE). Once the Client has provided the necessary information for the Order and delivery, they will be redirected to a secure page to proceed with the payment. The amounts paid for the order cannot be considered as down payments or deposits. Personal data transmitted in the context of payment are subject to the personal data policy available on the site.

An invoice will be sent to the Client by email at the address indicated during the Order. In general, during the ordering process, the total amount will be debited as soon as the order is placed by the Client. If the delivery process encounters problems falling under legal warranties or if the shipment is not executed correctly, the prepayment will be refunded as soon as possible.

10. INTELLECTUAL PROPERTY

The buyer agrees, unless expressly and previously authorized by SAMPIERI JOAILLERIE, not to use its intellectual and industrial property rights in any way whatsoever. Any reproduction, complete or partial, modification or use of the Site and its content, whether it is text, images, representations, illustrations, photographs, logos, or trademarks, for any reason or on any medium, is strictly prohibited without the prior written and express authorization of the Seller.

11. FORCE MAJEURE

The Seller cannot be held responsible if the non-performance or delay in the performance of any of its obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code, and those usually recognized by French jurisprudence. The Client and the Seller are informed and aware that Article 1195 of the Civil Code cannot be applied.

12. APPLICABLE LAW

The Contract is governed by French law. IN THE EVENT OF A DISPUTE CONCERNING THE INTERPRETATION, VALIDITY AND/OR EXECUTION OF ANY PROVISIONS OF THE CONTRACT, THE PARTIES SHALL SEEK AN AMICABLE SETTLEMENT TO THEIR DISPUTE WITHIN ONE YEAR OF NOTIFICATION OF THE DISPUTE BY ONE PARTY TO THE OTHER BY REGISTERED LETTER. IF AN AMICABLE SETTLEMENT CANNOT BE REACHED WITHIN THIS TIMEFRAME, THE DISPUTE SHALL BE REFERRED TO THE COMPETENT COURT OF THE DEFENDANT OR THAT OF THE PLACE OF DELIVERY OF THE PRODUCT. ANY ACTION BROUGHT BEFORE A COURT IN VIOLATION OF THIS OBLIGATION SHALL BE INADMISSIBLE.

If an amicable settlement cannot be reached, the Customer may contact the Fevad mediation service on the following website: https://www.mediateurfevad.fr/index.php/espace-consommateur-2/#formulaire-conso

The Client may also resort to the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLangu
age

13. COOKIES

This document constitutes the foundation of the Site's personal data policy. Other documents should be consulted for any useful information regarding cookies. During the navigation on our Site, identifying information may be collected in order to improve the accessibility and personalization of the Site. Cookies are text files recorded and stored in your browser during your visit to our Site. Cookies may pursue different purposes grouped into the following three categories:

1. Strictly necessary cookies. These cookies are necessary for the proper functioning of the Site. If the User decides to disable them, many of the Site's functionalities and customization options will be blocked. Thanks to these cookies, SAMPIERI JOAILLERIE keeps the choices expressed by users to customize the interfaces on the Site. Based on legitimate interest, these cookies do not require prior consent and therefore do not appear in the consent management module.

2. Functional cookies and trackers. Like strictly necessary cookies, these cookies improve the browsing experience by personalizing the Site based on the User's preferences. These cookies avoid entering identifying information at each login. The use of these cookies is subject to your prior consent, and the management of your consent can be done through the management module provided on the Site.

3. Statistics or audience measurement cookies. These cookies allow SAMPIERI JOAILLERIE to collect anonymous statistical information about traffic. Thanks to these cookies, SAMPIERI JOAILLERIE daily improves the performance of the Site. These cookies are implemented based on your prior consent or SAMPIERI JOAILLERIE's legitimate interest, provided that the conditions for exemption from consent are met.

The SAMPIERI JOAILLERIE site uses session cookies. The use of session cookies is essential for the proper functioning of the Site. They disappear as soon as the browser is closed; therefore, they cannot be disabled. Thanks to third-party blocking sites or through cookie usage options in your browser, storage and placing of cookies may be limited. Thus, please note that your browsing on the Site may be modified or reduced if certain cookies have been restricted. In accordance with legal provisions, your consent to the collection of cookies is valid for 13 months. The use of cookies allows SAMPIERI JOAILLERIE to perform the following actions:

• Customizing the Site and recording data to allow faster access to products and services offered by SAMPIERI JOAILLERIE;
• Site audience analysis, including the total number of visitors and pages viewed; Subject to the place of use of the Site and the version used, you can disable or restrict cookies through the Settings of your browser as follows:

• For Mozilla Firefox: Select the menu then click on "Settings," then search for the "Privacy and Security" tab. Search for the keyword "Cookies" and then choose between the "Standard," "Strict," or "Custom" option.
• For Microsoft Edge: Select the "Settings" menu, then click on the "Privacy, search, and services" tab, and use the slider to select the desired level.
• For Safari: From the Safari menu, select "Preferences," then click on "Security" and select the desired options.
• For Google Chrome: Select the Chrome menu, then choose "Settings" and click on "Privacy and Security." In this section, choose "Cookies and other site data"; then select the options offered according to the required requirements.

14. RESPONSIBILITY

If it turns out that, in accordance with legal guarantees and applicable laws, SAMPIERI JOAILLERIE's liability is engaged, the compensation for damages suffered by the Client cannot exceed the price paid for the Order. It should be noted that this limitation of liability may not apply in certain countries due to national legislation relating to consumer law.

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