These General Terms and Conditions of Sale (hereafter referred to as "General Conditions") apply to any purchase made by a natural person (hereafter referred to as the "CUSTOMER") on the website www.bachet.fr
(hereafter referred to as the "WEBSITE") from the SELLER
(hereafter « D.BACHET »), registered on the Paris Register of Trade and Companies under
849 163 589, with its registered office at 10 Place Vendôme 75001 Paris.
Tel : 01 83 79 89 22
Email : administratif@bachet.fr
IMPORTANT: Any order placed on the WEBSITE necessarily implies the CUSTOMER's unconditional acceptance of these general conditions.
You have the option to register for free on the BLOCTEL telemarketing opt-out list (www.bloctel.gouv.fr) to no longer be solicited by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with the law No. 2014-344 of March 17, 2014, on consumption. Any consumer can register for free on this list at https://conso.bloctel.fr/index.php/inscription.php.
ARTICLE 1. DEFINITIONS
The terms used hereafter, in these General Conditions, have the following meanings:
« CUSTOMER » : refers to the co-contractor of D.BACHET, who guarantees to have the status of a consumer as defined by French law and jurisprudence. It is expressly provided that the CUSTOMER acts outside any regular business or commercial activity.
«DELIVERY » : refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
« PRODUCTS » : refers to all products available on the WEBSITE.
« TERRITORY » : refers to Metropolitan FRANCE and DOM-TOM, the countries of the European Union, Canada and USA.
ARTICLE 2. PURPOSE
These General Conditions govern the sale by D.BACHET of PRODUCTS to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is aimed at consumers and that professionals must contact the commercial service of D.BACHET to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER agrees to carefully read these General Conditions and accept them before proceeding to the payment of an order of PRODUCTS placed on the WEBSITE.
These General Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions, and keep a copy.
D.BACHET advises the CUSTOMER to read the General Conditions with each new order, as the latest version of said Conditions applies to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the CUSTOMER acknowledges having read, understood, and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE WEBSITE
To be able to purchase a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if a minor, be able to provide evidence of the agreement of their legal representatives.
The CLIENT will be asked to provide information allowing their identification by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CLIENT's order to be processed by D.BACHET. Delivery tracking is carried out using the online tracking tools of the carriers. The CLIENT can also contact D.BACHET's commercial service at any time by email, at the address administratif@bachet.fr, to obtain information on the status of their order.
The information that the CLIENT provides to D.BACHET when placing an order must be complete, accurate, and up to date. D.BACHET reserves the right to request that the CLIENT confirm, by any appropriate means, their identity, eligibility, and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product Characteristics
D.BACHET undertakes to present the essential characteristics of the PRODUCTS (on the product sheets on the SITE) and the mandatory information that the CLIENT must receive under applicable law.
Photos of the PRODUCTS are presented for illustrative purposes only. D.BACHET invites the CLIENT to refer to the description of each PRODUCT to learn about its characteristics. In case of doubt or if the CLIENT wishes for additional information, they can contact D.BACHET's customer service.
The CLIENT undertakes to carefully read this information before placing an order on the SITE.
TAll PRODUCTS sold by D.BACHET are new and comply with current European legislation and applicable standards in France.
Article 5.2. Ordering Procedure
Orders for PRODUCTS are directly placed on the SITE. To place an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT's starting page, the steps may slightly differ).
5.2.1. Selection of Products and Purchase Options
The CLIENT must select the PRODUCT(s) of their choice by clicking on the relevant PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, it is placed in the CLIENT's cart. The CLIENT can then add as many PRODUCTS to their cart as they wish.
5.2.2. Orders
Once the PRODUCTS are selected and placed in their cart, the CLIENT must click on the cart and verify that the content of their order is correct. If the CLIENT has not already done so, they will then be prompted to identify themselves or register.
Once the CLIENT has validated the contents of the cart and identified/register, an online form will appear automatically completed, summarizing the price, applicable taxes, and, if applicable, delivery fees.
The CLIENT is invited to check the content of their order (including quantity, characteristics, and references of the ordered PRODUCTS, billing address, payment method, and price) before validating its content.
The CLIENT can then proceed to payment for the PRODUCTS by following the instructions on the SITE and providing all necessary information for billing and delivery of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all necessary information for the proper processing of the order.
The CLIENT must also select the chosen delivery method.
5.2.3. Acknowledgment of Receipt/i>
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the order acknowledgment is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
D.BACHET does not send any order confirmation by postal mail.
5.2.4. Invoicing
During the ordering process, the CLIENT will need to enter the necessary billing information (the (*) sign will indicate the mandatory fields that must be filled in for the CLIENT's order to be processed by D.BACHET).
The CLIENT must clearly indicate all information related to DELIVERY, especially the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CLIENT must also specify the chosen payment method.
Neither the order form that the CLIENT establishes online nor the order acknowledgment that D.BACHET sends to the CLIENT by email constitute an invoice. Regardless of the ordering or payment method used, the CLIENT will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order Date
The date of the order is the date on which D.BACHET acknowledges receipt of the order online. The deadlines indicated on the SITE only start from this date.
5.4. Prices
For all PRODUCTS, the CLIENT will find prices displayed on the SITE in euros, including all taxes, as well as applicable delivery fees (based on the package weight, excluding packaging and gifts, DELIVERY address, and the carrier or chosen mode of transport).
The prices from D.BACHET's suppliers may change.
Therefore, the prices indicated on the SITE may change.
The prices indicated are valid, except in cases of gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
The prices include the value-added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may impact the prices of the PRODUCTS from the effective date of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the sold PRODUCT.
5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT within the estimated timeframe indicated to the CLIENT, unless the parties agree otherwise.
The unavailability of a PRODUCT is generally indicated on the page of the concerned PRODUCT.
In any case, if the unavailability was not indicated at the time of ordering, D.BACHET undertakes to inform the CLIENT promptly if the PRODUCT is unavailable.
In the event that a PRODUCT is unavailable, D.BACHET may, and if agreed upon by the parties, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
5.6. Description of PRODUCTS
D.BACHET provides no warranty, explicit or implied, as to the accuracy, reliability, and completeness of this information. Any description and information regarding the weight of precious metals and the number of stones and carats are provided as an indication only and may slightly vary.
For wedding bands, engagement rings, rings, and signet rings, this information refers to metrics 51-52 for women's models and 61-62 for men's models.
5.7. Compliance with Regulatory and Conventional Standards
PLATINUM: D.BACHET products are made of platinum 950/000
GOLD: D.BACHET products are made of gold 750/000
DIAMONDS: All diamonds purchased by D.BACHET are from legitimate sources not involved in financing conflicts, in accordance with United Nations resolutions and the Kimberley Process. D.BACHET hereby guarantees that these diamonds are not from conflict areas, a guarantee based on its knowledge and/or written guarantees from the supplier of these diamonds..
5.8. Conditions for Acceptance of Resizing
Up to 14 days after the delivery date of the PRODUCT, D.BACHET allows the CLIENT to return the ordered PRODUCT for resizing.
The CLIENT must inform D.BACHET in writing or by phone of their decision before returning the PRODUCT, indicate the new metric requested, and precisely follow the return process indicated by D.BACHET. The CLIENT's resizing request is effective only from the moment D.BACHET acknowledges receipt in writing of the CLIENT's return request.
Resizing is not possible for an order with a delivery address outside the European Union.
D.BACHET handcrafts women's and men's wedding bands, engagement rings, rings, and signet rings according to finger size for volume harmony.
It is important to note that resizing cannot be performed if the difference is beyond plus or minus one size.
Once the CLIENT has indicated the new metric for resizing and returned the jewelry, D.BACHET will assess whether resizing is possible or if it is necessary to remake the jewel.
It is important to note that remaking the jewelry for resizing incurs a cost. A quote will be sent to the CLIENT by D.BACHET for approval.
Resizing requiring jewelry remaking will only be carried out by D.BACHET once the CLIENT has approved the quote and made the payment by bank transfer.
D.BACHET will confirm the receipt of the payment to the CLIENT and can then proceed with resizing the jewelry.
D.BACHET advises the CLIENT to confirm the accuracy of the ring size before validating the ORDER.
D.BACHET performs resizing if:
-
The 14-day period is respected.
-
The returned PRODUCTS are in perfect condition, without having been worn. PRODUCTS returned incomplete, damaged, or soiled will not be resized. PRODUCTS with scratches, even discreet ones, cannot be resized
-
D.BACHET confirms that the setting and all stones, or any other constituent element of the PRODUCT, are in conformity with the PRODUCT that was sent, without damage, modification, or intervention of any kind.
D.BACHET will not perform pas lresizing if:
-
The 14-day period is not respected.
-
If resizing is more than plus or minus one size.
-
PRODUCTS that have been subject, at the request of the client, to personalized or specific modification (a change in the size of the stone or stones of different colors than what is visible on the SITE) cannot be resized.
-
Some special products cannot be resized. They are clearly presented as such to the CLIENT at the time of ordering.
Resizing is possible on a PRODUCT that has been engraved by D.BACHET, provided that the other conditions have been respected.
ARTICLE 6. RIGHT OF WITHDRAWAL
If the CLIENT decides to cancel their order for unavailable PRODUCTS, they will receive a refund of all sums paid for the unavailable PRODUCTS no later than thirty (30) days from the payment.
The terms of the right of withdrawal are provided in the "withdrawal policy", a policy available in Appendix 1 hereto. des présentes.
ARTICLE 7. PAYMENT
7.1. Means of Payment
The CLIENT can pay for their PRODUCTS online on the SITE using the means offered by D.BACHET.
The CLIENT guarantees to D.BACHET that they have all the necessary authorizations to use the chosen payment method.
D.BACHET will take all necessary measures to ensure the security and confidentiality of data transmitted online in the context of online payment on the SITE.
It is specified that all payment-related information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Non-negotiable Prices
The prices of D.BACHET jewelry are not negotiable. D.BACHET strives to offer the fairest prices possible. The final price of D.BACHET jewelry pieces reflects the inherent costs of French craftsmanship characterized by excellence and according to the market prices of raw materials and precious materials.
7.3. Payment Date
In the case of a single payment by credit card, the CLIENT's account will be charged as soon as the order for PRODUCTS is placed on the SITE. A delay must be taken into account if the order is made on weekends and public holidays.
D.BACHET begins the crafting of the jewelry in its own workshops once the payment is received.
In the case of payment by credit card in two or three installments without interest, the total amount of the CLIENT's order will be divided into two or three equal parts.
-
The first installment will be charged at the time of placing the order for PRODUCTS on the SITE; delays should be expected if the order is placed on weekends or public holidays.
-
The second installment will be charged one month after the order date.
-
The third installment, if applicable, will be charged two months after the order date.
The registration date of the order is considered the date of the initial online payment.
If any installment payment fails, the full remaining balance will become immediately due and payable. It will not be possible to reschedule the remaining amount due.
7.4. Delay or Refusal of Payment
If the bank refuses to debit a card or other means of payment, the CLIENT must contact D.BACHET's Customer Service.
If, for any reason whatsoever, opposition, refusal, or otherwise, the transmission of the money flow due by the CLIENT proves impossible, the order would be canceled, and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CLIENT corresponding to an order of an amount exceeding 120 euros including taxes will be archived by D.BACHET for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
D.BACHET agrees to archive this information to ensure monitoring of transactions and to produce a copy of the contract at the request of the CLIENT.
In the event of a dispute, D.BACHET will have the possibility to prove that its electronic monitoring system is reliable and guarantees the integrity of the transaction.
ARTICLE 9. PROPERTY TRANSFER
D.BACHET remains the owner of the PRODUCTS delivered until their full payment by the CLIENT.
The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of ownership, as well as the risks of damage they may cause.
D.BACHET retains ownership of the PRODUCTS and may dispose of them freely if the CLIENT's package is returned to D.BACHET by the carrier because the address is incorrect or the CLIENT does not claim it within the specified time frame or the CLIENT does not respond to phone calls, voicemails, and electronic messages from D.BACHET (particularly if the email addresses or phone number provided by the CLIENT are incorrect).
ARTICLE 10. DELIVERY
The terms of delivery of the PRODUCTS are provided in the "delivery policy" referred to in Appendix 2 hereto. des présentes.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with current transport standards to ensure maximum protection for the PRODUCTS during DELIVERY.
The package is sent to the CLIENT in complete confidentiality (no visible mention of the brand and the PRODUCT).
CLIENTS undertake to respect the same standards when returning PRODUCTS under the conditions set out inAppendix 1 - Withdrawal Policy..
ARTICLE 12. WARRANTIES
In addition to any commercial warranties that D.BACHET may offer for certain PRODUCTS, every CLIENT benefits from "legal" warranties for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.
Article 12.1. Conformity Guarantee
Article L.217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when the latter is its responsibility under the contract or has been carried out under its responsibility."
Article L.217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is fit for the customary use of a similar good and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted."
D.BACHET may be liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from packaging, assembly instructions, or installation when it is its responsibility or has been carried out under its responsibility.
The action resulting from a defect of conformity is prescribed within two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code).
In the event of a defect of conformity, the CLIENT may request the replacement or repair of the PRODUCT, at their choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, considering the value of the PRODUCT or the significance of the defect, D.BACHET may proceed with a refund, without following the option chosen by the Client.
In the event that replacement or repair is impossible, D.BACHET undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: :
10 Place Vendôme 75001 Paris France
Finally, the CLIENT is exempt from providing proof of the existence of the conformity defect of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT (Article L.217-7 of the Consumer Code)..
It is specified that this legal conformity guarantee applies independently of any commercial guarantee granted, if any, on the PRODUCTS.
Article 12.2. Article 12.2. Hidden Defects Guarantee
D.BACHET is liable for hidden defects in the sold PRODUCT that render it unfit for the use for which it is intended, or which so diminish this use that the CLIENT would not have acquired it, or would have given it a lesser price if they had known them (Article 1641 of the Civil Code).
This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the refund of the price of the PRODUCT if returned and the refund of part of its price if the PRODUCT is not returned.
In the event that replacement or repair is impossible, D.BACHET undertakes to refund the price of the PRODUCT within thirty (30) days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address:
10 Place Vendôme 75001 Paris France
The action resulting from redhibitory defects must be brought by the CLIENT within a period of two (2) years from the discovery of the defect. (First paragraph of Article 1648 of the Civil Code)
Article 12.3. Repairs
The CLIENT purchases a D.BACHET jewel that has been handcrafted in its workshops in France, following the best traditions and techniques of jewelry.
This jewel is a luxury product that the CLIENT must take great care of.
D.BACHET advises the CLIENT to remove the jewelry during activities that could damage it, such as manual work and sports (this list is illustrative and not exhaustive).
To ensure that D.BACHET guarantees all its creations over time, D.BACHET recommends that the CLIENT entrust the jewelry to them once a year for inspection and beautification.
If the jewel requires a repair or restoration that is not due to a hidden or latent defect (impact, scratch, resizing beyond the deadline), if possible, it will be invoiced according to an established quote.
To have a jewel repaired, even several years after purchase, the CLIENT must contact D.BACHET who will inform them of the procedure for sending the jewel.
Upon its receipt, D.BACHET will have it examined and will prepare an estimate to determine the cost of the repairs.
Repairs will be carried out by D.BACHET once the CLIENT has approved the quote and made the payment by bank transfer.
D.BACHET will confirm the successful receipt of the transfer to the CLIENT and will then be able to proceed with the work to be done.
ARTICLE 13. LIABILITY
D.BACHET shall not be liable in any way for non-performance or improper performance of contractual obligations attributable to the CLIENT, particularly during the order placement process.
D.BACHET shall not be held responsible, nor deemed to have breached these terms, for any delay or non-performance where the cause of such delay or non-performance is due to force majeure as defined by French jurisprudence.
It is further clarified that D.BACHET does not control websites directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for information purposes only, and no guarantee is provided regarding their content.
Without prejudice to any guarantees, D.BACHET provides no warranty regarding the SITE and/or its content. In particular, D.BACHET provides no warranty as to the conformity of any element of the Site for any particular purpose. D.BACHET does not warrant that the functions contained on the Site or any content or other elements therein will be available at all times, uninterrupted, or error-free, that any defects or errors will be immediately corrected, or that the SITE or its server will be free of viruses or other components that may cause damage.
ARTICLE 14. FORCE MAJEURE
D.BACHET's liability shall not be incurred if the non-performance or delay in the performance of any of its obligations described in these T&C results from an event of force majeure.
IThere is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of contract conclusion and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, the obligation's performance is suspended unless the resulting delay justifies contract termination. If the impediment is permanent, the contract is automatically terminated, and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In this regard, D.BACHET's liability shall not be incurred, particularly in the event of a cyberattack, unavailability of materials, supplies, spare parts, personal equipment, or other items, interruption of electronic communications networks, as well as in the event of any circumstance or event beyond D.BACHET's control occurring after the conclusion of the T&C and preventing normal performance.
It is specified that, in such a situation, the CLIENT cannot claim any compensation and cannot take any action against D.BACHET.
In the event of the occurrence of any of the aforementioned events, D.BACHET shall endeavor to inform the CLIENT as soon as possible.
ARTICLE 15. PERSONAL DATA
D.BACHET collects personal data concerning its CLIENTS on the SITE, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.
he data collected by D.BACHET is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders, and, if the CLIENT has expressly chosen this option, send them commercial prospecting mail, newsletters, promotional offers, and/or information about special sales, unless the CLIENT no longer wishes to receive such communications from D.BACHET.
The CLIENT's data is kept confidential by D.BACHET for the purposes of the contract, its execution, and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a client, or from your last contact if you are not yet a client.
CLIENTS can unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each email offer received.
The data may be communicated, in whole or in part, to D.BACHET's service providers involved in the ordering process. For commercial purposes, D.BACHET may transfer its CLIENTS' names and contact details to its commercial partners, provided that they have expressly given their prior consent when registering on the SITE.
D.BACHET will specifically ask CLIENTS if they wish their personal data to be disclosed. CLIENTS may change their minds at any time by contacting D.BACHET. D.BACHET may also ask its CLIENTS if they wish to receive commercial solicitations from its partners.
In accordance with French Law No. 78-17 of January 6, 1978 on information technology, data files, and civil liberties, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR), D.BACHET ensures the implementation of the rights of the data subjects.
It is reminded that the CLIENT, whose personal data is processed, has the rights of access, rectification, updating, portability, and erasure of the information concerning them, as well as the right to restrict processing in accordance with articles 49, 50, 51, 53, and 55 of the French Data Protection Act and the provisions of articles 15, 16, 17, and 18 of the General Data Protection Regulation (GDPR).
In accordance with the provisions of article 56 of the French Data Protection Act and article 21 of the GDPR, the CLIENT may also, for legitimate reasons, object to the processing of their data, without any reason and free of charge.
The CLIENT may also determine the fate of their data after their death and choose whether D.BACHET communicates their data to a third party previously designated by the CLIENT.
The CLIENT may exercise these rights by sending an email to the following email address: administratif@bachet.fr or by sending a letter to 10 Place Vendôme 75001 Paris France.
Finally, the CLIENT may also lodge a complaint with the supervisory authorities, in particular the CNIL (https://www.cnil.fr/fr/plaintes).
ARTICLE 16. COMPLAINTS
D.BACHET provides the CLIENT with a "Customer Service" telephone number at the following number: 01 83 79 89 22 (non-premium rate number). Any written complaint from the CLIENT must be sent to the following address: 10 Place Vendôme 75001 Paris France.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark, and/or patents.
These elements are the exclusive property of D.BACHET. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request permission from D.BACHET in writing.
This authorization from D.BACHET will not be granted definitively under any circumstances.
This link must be removed at the request of D.BACHET. Hypertext links to the SITE that use techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the SITE and its content, by any means whatsoever, without the prior express authorization of D.BACHET, is prohibited and will constitute infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
Acceptance of these T&C constitutes recognition by the CLIENT of D.BACHET's intellectual property rights and commitment to respect them.
ARTICLE 18. VALIDITY OF GENERAL CONDITIONS
Any modification of current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Conditions, shall not affect the validity of these General Conditions. Such modification or decision does not authorize CLIENTS to disregard these General Conditions under any circumstances.
All conditions not expressly addressed herein shall be governed in accordance with the customary practices of the consumer commerce sector, for companies headquartered in France.
ARTICLE 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all online purchases made on the SITE, as long as the SITE is available onlin
The General Conditions are precisely dated and may be modified and updated by D.BACHET at any time. The applicable General Conditions are those in force at the time of the order.
Modifications to the General Conditions will not apply to PRODUCTS already purchased.
ARTICLE 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL CONDITIONS AS WELL AS THE RELATIONSHIPS BETWEEN THE CLIENT AND D.BACHET ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY FRENCH COURTS SHALL HAVE JURISDICTION.
However, prior to resorting to any arbitration or state court recourse, the Client is invited to contact D.BACHET's customer service.
If no agreement is reached or if the CLIENT can justify having previously attempted to resolve the dispute directly with D.BACHET through a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any conflict arising from this contract, including disputes concerning its validity.
To initiate this mediation, the CLIENT can contact D.BACHET's mediator: Online Dispute Resolution, whose contact information is: https://ec.europa.eu and who can be contacted via this link: https://ec.europa.eu.
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not mandatory, the CLIENT or D.BACHET may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE BEEN THE SUBJECT OF MEDIATION WILL BE SUBMITTED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.
APPENDIX 1
WITHDRAWAL POLICY
Principle of Withdrawal
The CLIENT fundamentally has the right to withdraw by returning or handing back the PRODUCT to D.BACHET, without providing a reason.
Pour cela, le PRODUIT devra être renvoyé ou restitué au plus tard dans les quatorze (14) jours suivant la communication de sa décision de se rétracter, à moins que D.BACHET ne propose de récupérer lui-même le PRODUIT.
However, a D.BACHET PRODUCT that is made and personalized according to the CLIENT's specifications (choice of gemstones, personalized engraving) falls under the exception no. 3 of Article L. 221-28 of the Consumer Code. Thus, for all personalized items, this right of withdrawal is not applicable, which the CLIENT expressly acknowledges.
A PRODUCT that has undergone additional or specific customization at the CLIENT's request (a change in size of the center stone, stones of different colors, dimensions of the PRODUCT other than what is visible on the D.BACHET website) can neither be refunded nor exchanged.
Withdrawal Period
The withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the goods.
To exercise the right of withdrawal in accordance with Article L.221-21 of the Consumer Code, the CLIENT must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or email) to:
10 Place Vendôme 75001 Paris France ou administratif@bachet.fr.
They may also use the form below :
WITHDRAWAL FORM
To the attention of: D.BACHET
D.BACHET phone number: +33 1 53 45 54 54
D.BACHET email address: administratif@bachet.fr
I hereby notify you of my withdrawal from the contract concerning the sale of the PRODUCT detailed below:
PRODUCT Reference
Invoice number: :
Order number:
-
Ordered on [________________]/received on [________________]
-
Payment method used:
-
Name of the CLIENT and, if applicable, the order recipient:
-
CLIENT's address:
-
Delivery address:
- CLIENT's signature (except in the case of transmission by email)
- Date
To comply with the withdrawal deadline, the CLIENT must send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of Withdrawal
In the event of withdrawal by the CLIENT, D.BACHET commits to refund all sums paid, including delivery costs (except for additional costs resulting from the CLIENT's choice of a delivery method other than the standard delivery method offered by D.BACHET) from the date on which it is informed of the CLIENT's decision to withdraw. (Article L.221-24 of the Consumer Code).
Unless D.BACHET offers to collect the PRODUCTS itself, the refund will be made upon receipt of the PRODUCTS.
D.BACHET will proceed with the refund via bank transfer, as soon as the CLIENT provides their bank details.
Return Procedures
The CLIENT must, in any case, return the good no later than fourteen (14) days after communicating their decision to withdraw from this contract, to:
10 Place Vendôme 75001 Paris France, indicating the shipment date and the tracking number of the package..
This deadline is considered met if the CLIENT returns the good before the expiration of the fourteen (14) day period.
Return Costs
The CLIENT will bear the direct costs of returning the good.
Condition of the Returned Product
The PRODUCT must be returned in perfect condition, unworn./span>
The PRODUCT must be returned in its original packaging and complete (including the original certificate if provided, accessories, packaging, including gift box, case, manuals, etc.).
The PRODUCT returned incomplete, damaged, or soiled will in no way be accepted.
A PRODUCT that has even discreet scratches will never be accepted.
The return will only be accepted if D.BACHET confirms that the setting and stones, or any other component of the PRODUCT, is indeed conforming to the PRODUCT that was sent to the CLIENT, without damage, alteration, or intervention of any kind.
APPENDIX 2
DELIVERY POLICY
Zone de livraison
LThe PRODUCTS ordered via the D.BACHET website can be delivered within the TERRITORY (in Metropolitan France, French overseas departments and territories, European Union countries, the United States of America, and Canada).
For other countries, the CLIENT is invited to contact D.BACHET by email: administratif@bachet.fr
The PRODUCTS are shipped to the delivery address that the CLIENT has indicated during the ordering process.
Shipping Time
D.BACHET creations are unique jewelry pieces, custom-made in its workshops in France, based on exceptional craftsmanship.
The production times are 3 to 4 weeks before shipping the PRODUCTS, and do not include any additional or specific customization. These times are calculated excluding weekends and public holidays.
An email will be sent to the CLIENT at the time of the shipment of the PRODUCTS, provided that the email address entered in the registration form is correct.
Delivery Times & Costs
ADuring the ordering process, D.BACHET informs the CLIENT of the possible shipping timelines and options for the purchased PRODUCTS.
Shipping costs are calculated based on the delivery method.
The amount of these costs will be due by the CLIENT in addition to the price of the purchased PRODUCTS.
In the absence of an indication or agreement on the delivery date, D.BACHET will deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
Delivery Modalities
The package will be handed over to the CLIENT against signature and upon presentation of an identification document.
In case of absence, a notice will be left for the CLIENT, allowing them to collect their package at their local post office.
The package is sent to the CLIENT in complete confidentiality (no apparent mention of the brand and the PRODUCT).
The CLIENT is informed of the estimated delivery date when they choose the carrier, at the end of the online ordering process, before confirming the order.
D.BACHET is responsible for the PRODUCT until it is delivered to the CLIENT.
Delivery Problems
D.BACHET invites the CLIENT to regularly check the order status via the tracking number provided or by calling D.BACHET's customer service.
D.BACHET will keep the CLIENT informed of any shipment delays of which it becomes aware.