GENERAL TERMS AND CONDITIONS OF SALE

1. PREAMBLE AND PURPOSE

The present general terms and conditions of sale (hereafter “GTC”) as well as the “Privacy Policy” relating to online data protection and the “Legal Notice” are applicable to the website www.labruneetlablonde.com (hereinafter the “LA BRUNE & LA BLONDE Online Shop”), which offers the sale of jewelry bearing the trademark “LA BRUNE & LA BLONDE” (hereinafter the “Product(s)”).

The Products are directly sold on the LA BRUNE & LA BLONDE e-boutique by SAS B ET B, a company incorporated under French law, whose registered office is located at 11, rue du Marché Saint Honoré, 75001 Paris, France, and which is registered with the Nanterre Trade and Companies Registry under number 532 292 810.                                                                  

Any order or purchase of Products on the LA BRUNE & LA BLONDE online Boutique constitutes full and complete acceptance of these Terms and Conditions of Sale by the Customer (hereinafter the “Customer”), which may be modified at any time. Nevertheless, the applicable terms and conditions are those that the Customer accepts when placing an order.

On its Online Boutique, LA BRUNE & LA BLONDE offers Products for sale to non-professional Customers who are fully capable of making this purchase, i.e. who are of legal age and are not under guardianship or trusteeship.

 

For any questions concerning an order, the Customer may contact LA BRUNE & LA BLONDE’s Customer Service Department:

– at +33 (0)1 49 24 90 98 from Monday to Thursday from 10:00 to 12:30 and from 14:00 to 18:00 (17:00 on Fridays),

-or by e-mail to contact@labruneetlablonde.com.

1. PRODUCTS, PRICES and AVAILABILITY

The Products offered for sale on the LA BRUNE & LA BLONDE online Boutique are described and presented with as many details as possible (specifications, illustrations, size, composition, etc.). The photographs are as accurate as possible but cannot guarantee a perfect similarity with the Product, particularly with regard to colours and materials.

The Customer is advised to consult the description of each Product in order to find out more about the Product concerned, in particular as regards the characteristics sought by the Customer, as the Customer is solely responsible for the choice and purchase of any Product.

The prices of the Products are those prevailing on the day the order is placed. All prices and all sums referred to in the present General Terms and Conditions of Sale and on the LA BRUNE & LA BLONDE E-store are given in Euros, inclusive of all taxes (French VAT 20%) and excluding delivery costs.

The amount of the delivery costs is indicated on the LA BRUNE & LA BLONDE online shop.

LA BRUNE & LA BLONDE reserves the right to modify its prices at any time, it being understood, however, that the price shown on the LA BRUNE & LA BLONDE online Boutique at the time of the order will be the only one applicable to the Customer.

The Products are offered within the limits of available stocks. However, the availability and delivery of a Product are only guaranteed by sending an e-mail confirming the order. LA BRUNE & LA BLONDE shall use its best efforts to ensure maximum availability of the Products that it markets on the LA BRUNE & LA BLONDE e-boutique. Nevertheless, LA BRUNE & LA BLONDE cannot guarantee that each Product will always be available, particularly in the event that certain Products are only available in limited quantities and that several Clients may be interested in a given Product simultaneously.

 

In the event that the Product you have ordered is out of stock, LA BRUNE & LA BLONDE is committed to informing you as soon as possible by any appropriate means and you will then have the following choice:

– remain on hold pending its availability if the Product in question is likely to become quickly available. LA BRUNE & LA BLONDE will then inform you in good time of its possible future delivery time.

– cancel your order. You will therefore be refunded the sums you would have paid at the latest within 14 (fourteen) days of the cancellation of your order.

2. ORDER

Any order implies an obligation of payment.

It is exclusively received on the LA BRUNE & LA BLONDE online Boutique after acceptance of the herein mentioned general conditions of sale.

All orders are subject to prior acceptance by LA BRUNE & LA BLONDE. It is only definitively confirmed once the Customer has received an order confirmation e-mail informing him/her of the time limit for dispatching the Product(s). The availability and delivery of the Products are therefore only guaranteed by LA BRUNE & LA BLONDE sending said confirmation email.

Product offers are valid within the limits of available stocks.

LA BRUNE & LA BLONDE reserves the right to refuse to honour an order in the event that it is abnormal (in terms of quantity and/or amount considered unusual), abusive or contrary to the provisions of the GCS. Similarly, LA BRUNE & LA BLONDE shall not be held liable if the proper administrative and/or technical processing of an order on its Online Boutique is disrupted by a virus, unauthorized human intervention or any other cause beyond the control of LA BRUNE & LA BLONDE, or if there appears to be a strong presumption of fraud, or that fraud has taken place in any form whatsoever, in particular computer fraud, in which case LA BRUNE & LA BLONDE reserves the right to interrupt or cancel the order in progress.

In such cases, the Customer will be informed by e-mail of the cancellation of the order and will be reimbursed for any sums paid in advance.

3. PAYMENT

Payment for orders is made exclusively by credit card and in accordance with the terms and conditions set out on the LA BRUNE & LA BLONDE online Boutique.

Only the types of credit card mentioned on the LA BRUNE & LA BLONDE online Boutique are accepted.

Upon payment, you guarantee that you are the legitimate holder and user of the payment method used on the Website. LA BRUNE & LA BLONDE is not required to carry out any verification in this respect. However, if LA BRUNE & LA BLONDE were to be informed, in particular thanks to the bank security system it uses, that a means of payment would be used fraudulently, it reserves the right to refuse the order in question. Orders are payable in euros only.

The preparation and dispatch of the order only takes place after receipt of full payment.

4. DELIVERY and RECEPTION

The Products ordered on the LA BRUNE & LA BLONDE E-store will be delivered to the address indicated at the time of your order by parcel post or by courier service. Delivery charges are indicated at the time of order and their amount depends on the Product ordered. Delivery charges are free for any order over 500€.

 

LA BRUNE & LA BLONDE will deliver the Products ordered to the delivery address indicated by the Customer, within the limit of the geographical areas mentioned on the LA BRUNE & LA BLONDE online Boutique: France and the countries of the European Union. For a delivery outside this zone, the Customer is invited to contact Customer Service.

As from the confirmation of the order by LA BRUNE & LA BLONDE, and in the event that the Product is in stock, the Products ordered will be sent to the Customer within three (3) working days. This period may be delayed in the event of an event or event by a third party not attributable to LA BRUNE & LA BLONDE.

 

The indicative delivery time, from the date of dispatch, is generally between 1 and 6 working days. These times are indicative times, corresponding to the average processing and delivery times. LA BRUNE & LA BLONDE cannot be held responsible for the consequences due to a delay in delivery that is not its fault, or due to force majeure.

 

Once your order has been dispatched, a confirmation of the dispatch date and the estimated date of arrival will be sent to you. Unless special manufacturing, processing, dispatch and/or delivery times are required for your order (which LA BRUNE & LA BLONDE will not fail to inform you of), the deadline for delivery of the items ordered corresponds to the date of receipt of the Customer’s order plus thirty (30) working days for delivery to a European Union country.

In the case of an order delivered outside metropolitan France, the order may be subject to possible taxes and customs duties that may be imposed when the package reaches its destination.

These customs duties and possible taxes related to the delivery of an item are chargeable to the Customer and are the Customer’s sole responsibility.

LA BRUNE & LA BLONDE is not in a position to check the applicable customs duties and taxes. To find out about them, we advise our Customers to check with the competent authorities in their country.

LA BRUNE & LA BLONDE declines all responsibility for any damage to the Products after their delivery to the Customer, or to any person entrusted by the latter with receiving the order.

 

It is the Customer’s responsibility to ensure receipt of his order and to check, at the time of said receipt, without delay, the conformity of all Products shipped. Thus, he must indicate, where applicable, on the delivery slip, in the form of handwritten reservations accompanied by his signature, any anomalies noted (open package, damaged Product, etc.). When the reservation could not be noted on the delivery note, he may transmit the appropriate reservations to the carrier, by registered letter with acknowledgement of receipt, a copy of which is sent to LA BRUNE & LA BLONDE, within three (3) days following receipt of the package. Any claim, reservation or dispute must be precise and written to be admissible.

Consequently, any complaint made to LA BRUNE & LA BLONDE Customer Service by telephone must be confirmed by e-mail to the address contact@labruneetlablonde, or by post to the address 11, rue du Marché Saint Honoré, 75001 Paris, FRANCE to be deemed authentic.

5. RIGHT OF WITHDRAWAL and RETURN OF PRODUCTS

In accordance with the provisions of articles L121 et seq. of the French Consumer Code, each LA BRUNE & LA BLONDE online Boutique Customer has a 14 days cooling-off period t return one or more items from the date of receipt of their parcel. It will be at their own expense and risk, without having to justify the reason. If the deadline expires on a Saturday, Sunday or public holiday, the deadline is extended until midnight on the first working day thereafter.

 

It is reminded that the Customer may not exercise his right of retraction when the items ordered have been engraved or customized, in the sense that they have been made to his/her own specifications or clearly personalized, in accordance with article L. 221-28 of the Consumer Code.

In order to exercise his right of retraction, the Customer must inform LA BRUNE & LA BLONDE of his / her decision to retract by sending before the expiry of the 14-day period (which starts to run from the day after the day of receipt of the Product) :

–  the withdrawal form in the Annex to these General Terms and Conditions of Sale,

– or any other unambiguous statement expressing the Customer’s willingness to withdraw, addressed to: LA BRUNE & LA BLONDE.COM, 11, rue du Marché Saint Honoré, 75001 Paris. FRANCE

 

If the Customer exercises his/her right to retract all or part of the Products ordered and received, the Products must be returned, within the 14-day period mentioned above, in perfect condition, complete (with their accessories), and to include the corresponding  purchase invoice (or a copy in the event of partial return), any certificates provided, blister packs, labels, protections, stickers affixed and the original packaging (gift box, box, instructions, etc.), to the address of LA BRUNE & LA BLONDE.

The Customer is informed that in order for a Product to be returned under his/her right of retraction, it must under no circumstances have been worn. The return of Products is carried out under the Client’s responsibility and at his or her expense, so that LA BRUNE & LA BLONDE reserves the right to notify the Client that the return cannot be accepted if the returned item is not new, has been used, modified or shows signs of wear and tear, in accordance with the legislation in force.

 

We would like to specify that in the case of a return, the Customer is the sender of the package and is therefore liable for any damage to the Product(s) during this return. If the Product is damaged, it will be returned to him and he may be asked to reimburse the shipping costs. In view of the value of the Product(s), it is therefore recommended that the Customer returns the Product(s) by post or by courier, with tracking (e.g. Colissimo®) or by registered mail with acknowledgement of receipt, with insurance for a declared value corresponding to the purchase price of the Product.

 

As soon as the Product(s) have been received, LA BRUNE & LA BLONDE undertakes to reimburse all sums paid corresponding to the Product(s) returned, except for additional costs in the event that the Customer has chosen a more expensive delivery method than the standard delivery method offered by LA BRUNE & LA BLONDE. This refund is made using the same means of payment as that used to pay for the order.

 

Returns that do not comply with this policy will not be accepted and will be returned to the Client.

In the event of a late return (after 14 days from receipt of your order), the return will be refunded in the form of a credit note and a fee corresponding to 10% of the amount of the order will be retained.

6. RESPONSIBILITY

LA BRUNE & LA BLONDE shall not be held liable for the failure to fulfill any of its obligations in the event that the improper execution of the sale of a Product on the LA BRUNE & LA BLONDE E-store results from a case of force majeure, caused by or resulting from the Customer’s act or omission, or the unforeseeable and insurmountable act of a third party in connection with the sale, or an obstacle beyond LA BRUNE & LA BLONDE’s control, which LA BRUNE & LA BLONDE could not reasonably foresee at the time of sale of the Product to the Customer, and the consequences of which cannot reasonably be avoided or overcome by LA BRUNE & LA BLONDE.

7. LEGAL GUARANTEES

LA BRUNE & LA BLONDE guarantees that the Products delivered comply with the nature and characteristics mentioned on the LA BRUNE & LA BLONDE online Boutique as well as with French legislation in force at the time of the Order.

 

The Products are guaranteed against defects for two (2) years, under the conditions set out in articles 1641 of the French Civil Code (latent defect) and – if applicable – L.211-4 of the French Consumer Code, except if the defect results from

– any abnormal or non-conforming use of the Products. In this respect, we invite the Customer to carefully consult the maintenance advice;

– normal wear and tear or ageing;

– an accidental event or, more generally, an external cause (such as the intervention of any unauthorized third party on the Product).

By virtue of this guarantee, the Customer may choose between cancellation of the sale or a reduction in the price of the Product.

In addition, the costs of returning the Products remain entirely at the expense of the Client.

8. INTELLECTUAL PROPERTY

The LA BRUNE & LA BLONDE trademark, illustrations, logos and slogans, and designs appearing on the LA BRUNE & LA BLONDE online Boutique are and will remain the exclusive property of LA BRUNE & LA BLONDE. Any reproduction in whole or in part, without the express prior consent of LA BRUNE & LA BLONDE, is strictly prohibited in application of articles L 335-2 and L 335-3 of the French Intellectual Property Code and constitutes an infringement and a criminal offence.

9. PERSONAL DATA

LA BRUNE & LA BLONDE invites the Customer to consult the “Privacy Policy” section relating to online data protection for more information on how LA BRUNE & LA BLONDE handles personal data and the Customer’s rights relating thereto.

10. FORCE MAJEURE

Neither of the parties will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous case of force majeure.

Will be considered as a case of force majeure any fact or irresistible circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.

11. APPLICABLE LAW & DISPUTES

The present general terms and conditions of sale are subject to French law, both for the rules of substance and for the rules of form.

In the event of a dispute or claim, the Client shall first contact LA BRUNE & LA BLONDE to obtain an amicable solution. This search for an amicable solution does not interrupt the time limits for taking legal action.

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