In force on 07/31/2020
Article 1 - Field of application
These general conditions of sale (called "GTC") apply, without restriction or reserve to all sales concluded by the seller with non -professional buyers ("customers or customers"), wishing to acquire the products offered for sale (“products”) by the seller on the site https://obsidianpiercing.com. The products offered for sale on the site are as follows:
- Piercings, jewelry
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site https://bsidianpiecing.com which the customer is required to read before ordering.
The choice and purchase of a product are the sole responsibility of the customer.
Product offers are within the limits of available stocks, as specified when placing the order.
These CGVs are accessible at any time on the site https://obsidianpiercing.com and will prevail on any other document.
The Customer declares having read these GTC and having accepted them by checking the box provided for this purpose before the implementation of the online order procedure on the site https://obsidianpiercing.com.
Unless proven otherwise, the data recorded in the seller's computer system constitute proof of all transactions concluded with the customer.
The seller's contact details are as follows:
Obsidian piercing, eurl
Share capital of 7000 euros
Registered in the RCS de Quimper, under number 884639691
42 Avenue de la Gare, 29900 Concarneau
Telephone: 09 83 74 30 02
Intra -community VAT number FR55884639691
The products presented on the site https://bsidianpoucing.com are offered for sale for the following territories:
In the event of an order to a country other than mainland France, the customer is the importer of the product (s) concerned.
For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes on the bill.
Customs duties or other local taxes or import rights or state taxes are likely to be due. They will be the responsibility and are the sole responsibility of the customer.
Article 2 - Price
The products are provided at the prices in force appearing on the site https://obsidianpiercing.com, when registering the order by the seller.
The prices are expressed in euros, HT and TTC.
The prices take into account any reductions which would be granted by the seller on the site https://obsidianpiercing.com.
These prices are firm and not revisable during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time.
Prices do not include the treatment, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the seller and awarded to the customer during the delivery of the products ordered.
Article 3 - Orders
It is up to the customer to select on the site https://obsidianpiercing.com The products he wishes to order, according to the following terms:
The customer chosen a product he puts in his basket, a product he can delete or modify before validating his order and accepting these general conditions of sale. He will then return his contact details or connect to his space and choose the delivery method. After validation of information, the order will be considered final and will require payment from the customer according to the procedures provided ...
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is up to the customer to check the accuracy of the order and immediately report any error.
Any order placed on the site https://obsidianpiercing.com constitutes the formation of a contract concluded at a distance between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
The customer will be able to follow the evolution of his order on the site.
Article 4 - Payment Conditions
The price is paid by secure payment, according to the following terms:
- Payment by credit card
- Payment by Paypal
The price is payable cash by the customer, entirely on the day of the order.
Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider intervening for bank transactions carried out on the site https://bsidianpiecing.com.
The payments made by the Customer will not be considered final until after effective collection by the seller of the sums due.
The seller will not be required to issue the products ordered by the Customer if the latter does not pay the price in the entire conditions indicated.
Article 5 - Deliveries
The products ordered by the customer will be delivered in mainland France or in the following areas (s):
Deliveries occur within 3 to 5 working days at the address indicated by the Customer when ordering on the Site.
Delivery is made up of the transfer to the customer of physical possession or the control of the product. Except in particular cases or unavailability of one or more products, the products ordered will be delivered in one go.
The seller undertakes to make his best efforts to deliver the products ordered by the customer within the above time.
If the products ordered were not delivered within 1 month after the indicative date of delivery, for any other cause than force majeure or the fact of the customer, the sale may be resolved at the customer's written request in the Conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days of the date of denunciation of the contract, excluding any compensation or retained.
Deliveries are provided by an independent carrier, to the address mentioned by the customer when ordering and at which the carrier can easily access.
When the Customer himself took charge of calling on a carrier he chooses himself, the delivery is deemed to be made upon handing over the products ordered by the seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier that it is up to the delivery and has no warranty recourse against the seller in the event of a delivery of the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the costs linked will be subject to additional additional invoicing, on quote previously accepted by writing by the customer.
The customer is required to check the condition of the products delivered. It has a period of 15 days from delivery to make complaints by email, accompanied by all the related supporting documents (photos in particular). After this period and failing to have respected these formalities, the products will be deemed to be in accordance with any apparent defect and no complaint can be validly accepted by the seller.
In the case of a package noted as "delivered" but declared as not received by the Customer, a complaint file will be opened with the carrier. Depending on the outcome of the file, the seller will send the goods in the relay point to avoid a new loss or theft of the package. In the event of a presumption of fraud, the seller reserves the right not to return the goods or to reimburse it.
The seller will reimburse or replace as soon as possible and at its expense, the products delivered whose defects of conformity or the apparent or hidden defects will have been duly proven by the customer, under the conditions provided for in articles L 217-4 and following Consumer code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating to it, will not be achieved until the customer physically takes possession of the products. The products therefore travel at the seller's risks and perils except when the customer himself has chosen the carrier. As such, the risks are transferred at the time of the delivery of the property to the carrier.
Article 6 - Property transfer
The transfer of ownership of the seller's products to the customer will only be completed full payment of the price by the latter, regardless of the delivery date of said products.
Article 7 - Right of withdrawal
Given the nature of the products sold, orders placed by the customer do not benefit from the right of withdrawal.
The contract is therefore permanently concluded as soon as the order is placed by the Customer according to the terms specified in these GTC.
Article 8 - Seller's responsibility - Guarantees
The products provided by the seller benefit:
- of the legal guarantee of conformity, for defective, damaged or damaged products or not corresponding to the order,
- of the legal warranty against hidden defects from a lack of material, design or manufacturing affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver good to the contract and responds to existing compliance faults during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. »»
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
-if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if he presents the qualities that a buyer can legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»
Article L217-12 of the Consumer Code
"The action resulting from the lack of compliance is prescribed by two years from the issuance of the property. »»
Article 1641 of the Civil Code.
"The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decreases this use so much, that the buyer would not have acquired it, or n 'would have given a lower price, if he had known them. »»
Article 1648 paragraph 1 of the Civil Code
"The action resulting from crumbling vices must be brought by the buyer within two years from the discovery of the vice. »»
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilization At least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's intervention request or the provision for repairing the property in question, if this provision is after the intervention request. »»
In order to assert their rights, the customer must inform the seller, in writing (email or mail), of the non-compliance of the products or the existence of hidden defects from their discovery.
The seller will reimburse, replace or have repaired products or parts under warranty deemed non -compliant or defective.
The shipping costs will be reimbursed on the basis of the price billed and the return costs will be reimbursed upon presentation of the supporting documents.
Refunds, replacements or repairs of the products deemed to be non -compliant or defective will be made as soon as possible and at the latest within 15 days of finding the seller of the lack of compliance or the hidden defect. This reimbursement may be made by transfer or bank check.
The seller's responsibility cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the customer to check,
- In case of improper use, use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the case of normal product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the seller.
The seller's warranty is, in any event, limited to the replacement or reimbursement of non -compliant or affected products of a defect.
Article 9 - Personal data
The customer is informed that the collection of his personal data is necessary for the sale of the products and their delivery / delivery, entrusted to the seller. These personal data is collected only for the execution of the sales contract.
9.1 Collection of personal data
Personal data that is collected on the site https://bsidianpoucing.com are as follows:
When ordering products by the customer:
Names, first names, postal address, telephone number and email address.
As part of the payment of the products offered on the site https://obsidianpoucing.com, the latter records financial data relating to the bank account or the credit card of the customer/user.
9.2 Recipients of personal data
Personal data is reserved for the single use of the seller and his employees.
9.3 Treatment manager
The data controller is the seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.
9.4 Limitation of treatment
Unless the customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The seller will keep the data thus collected for a period of 5 years, covering the time for the prescription of applicable contractual liability.
9.6 Security and confidentiality
The seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the seller cannot guarantee the safety of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of customers and users
Pursuant to the regulations applicable to personal data, customers and users of the site https://bsidianpiecing.com have the following rights:
- They can update or delete the data that concerns them as follows:
By sending us an email to email@example.com.
- They can delete their account by writing to the email address indicated in article 9.3 "Treatment manager"
- They can exercise their right of access to find out personal data concerning them by writing to the address indicated in article 9.3 "Treatment manager"
- If the personal data held by the seller is inaccurate, they can request the update of information of the information by writing to the address indicated in article 9.3 "Treatment manager"
- They may request the deletion of their personal data, in accordance with the applicable data protection laws by writing to the address indicated in article 9.3 "Manager of processing"
- They can also request the portability of the data held by the seller to another provider
- Finally, they can oppose the processing of their data by the seller
These rights, as soon as they do not oppose the purpose of treatment, can be exercised by sending a request by mail or e-mail to the controller whose contact details are indicated above.
The controller must provide an answer within one month.
In the event of refusal to grant the customer's request, the latter must be motivated.
The customer is informed that in the event of refusal, he can take a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or seize a judicial authority.
The customer may be invited to check a box for which he agrees to receive informative and advertising emails from the seller. He will always have the possibility of withdrawing his agreement at any time by contacting the seller (contact details above) or by following the unsubscribe link.
Article 10 - Intellectual property
The content of the site https://bsidianpoucing.com is the property of the seller and his partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 11 - Applicable law - Language
These CGVs and the operations resulting from it are governed and subject to French law.
These GTCs are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.
Article 12 - Disputes
For any complaint please contact customer service at the postal or email of the seller indicated in article 1 of these GTC.
The Customer is informed that he can in any event use conventional mediation, with existing sectoral mediation bodies or to any alternative mode of dispute settlement (conciliation, for example) in the event of dispute.
The designated mediator is Medicalys, an amicable settlement organization for consumer disputes of the National Chamber of Bailiffs, approved by the CECM.
MEDICYS contact details:
Website/online resolution platform of disputes: www.medicalys.fr. Postal address: Medicals-Center for Mediation and Amicable Rules of the Bailiffs-73 Boulevard de Clichy-75009 Paris. firstname.lastname@example.org.
The dispute can only be examined by the mediator under the following conditions:
- the consumer must justify having tried beforehand to resolve his dispute directly with obsidian piercing, by a written complaint;
- his request must not be manifestly unfounded or abusive;
- The dispute must not have been examined previously where to be in a short examination before another mediator or a court:
- The consumer submitted his request to the mediator within a period of more than one year after his written complaint with the services of Obsidian Piercing
- The dispute does not fall within its field of competence.
The customer is also informed that he can also use the online dispute settlement platform (RLL): https: //webgate.ec.europa.eu/odr/main/index.cfm? .show
All the disputes to which the purchase and sale operations concluded in application of these GTCs and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.