Term of Sales

 

 

Preamble

These general conditions of sale apply to all sales made on the BIZONEE website.

The website www.bizonee.com is a service of:

  • The sole proprietorship BIZONE
  • located 11 Rue du Gris d’Aunis 41100 NAVEIL, FRANCE
  • website URL: www.bizonee.com
  • e-mail: contact@bizonee.com
  • telephone number: +33 6 34 37 45 93

The BIZONEE website sells the following products: precious metal jewelry (silver 925).

The customer declares to have read and accepted the general conditions of sale before placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

 

 

 

Article 1 – Principles

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the BIZONEE website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship.

These are likely to be subject to modifications and updates, the conditions applicable to the ordering of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law.

It is therefore up to the customer to refer to it during each order validation. The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The temporary or permanent non-application of one or more clauses of the general conditions of sale by BIZONEE shall not constitute a waiver on its part of the application of this or these clause(s) or of the other clauses of the general conditions of sale which continue to produce their effects.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

 

 

 

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the BIZONEE website.

These conditions only apply to purchases made on the BIZONEE site and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following e-mail address: contact@bizonee.com.

These purchases concern the following products: jewelry in precious metals (silver 925).

 

 

Article 3 – Pre-contractual information

The buyer acknowledges having been informed, before placing his order and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and all the information listed in article L. 221- 5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner:

– the essential characteristics of the property;

– the price of the good and/or the method of calculating the price;

– if applicable, all additional costs of transport, delivery, or postage and all other possible costs payable;

– in the absence of immediate execution of the contract, the date or the deadline at which the seller undertakes to deliver the good, whatever its price;

– information relating to the identity of the seller, his postal, telephone, and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.

 

 

Article 4 – The products

The products governed by these general conditions are those which appear on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The descriptions and photographs of the products sold on the website are as accurate and as faithful to reality as possible. However, the colors, dimensions, textures, and other characteristics of the products may be altered by the screens or internet browsers used to view them. Certain lengths indicated may vary by plus or minus 10%.

Likewise, certain materials used may present irregularities inherent to their natural character or the method of artisanal production. The customer thus acknowledges that the photographs, descriptions, or graphics accompanying and illustrating the products offered for sale on the website are indicative and non-contractual and cannot engage the responsibility of the BIZONEE in the event of an error, omission, or modification.

 

 

Article 5 – The order

In order to place an order, the customer agrees to communicate via the site only the real and valid information necessary for the fulfillment of the sale which is the subject of these General Conditions of Sale. BIZONEE cannot be held responsible for erroneous information transmitted by the customer resulting in the non-performance of the service which is the subject of these General Conditions of Sale. The customer can access and modify his data at any time in the “MY ACCOUNT” section. He will have the possibility, before definitively validating his jewelry order, to check the details of it, its total price, and to correct any errors, before confirming it to express his acceptance.

BIZONEE will be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order as well as any order that does not comply with these General Conditions of Sale.

The buyer has the possibility to place his order online, from the online catalog, and utilizing the form which appears there, for any product, within the limit of available stocks.

The buyer will be informed of any unavailability of the product or the goods ordered. If the products presented on the www.bizonee.com e-boutique are no longer available or for sale at the time of the last access to the site or the sending of the order form, BIZONEE must promptly communicate to the customer, and in any case, before 30 working days from the day following the order, the possible unavailability of the products ordered.

If one of the materials used in the composition of a piece of jewelry is out of stock, BIZONEE may offer the customer a solution to replace the material, which does not affect its design. If the customer refuses, BIZONEE will do what is necessary to reimburse the amount paid within 30 days of the order being confirmed.

The definitive or temporary unavailability of a product does not in any way give rise to the right to compensation or damages.

The validation of the order implies acceptance of the general conditions. The buyer will have to choose the address and the delivery method and finally confirm the payment method.

The purchase will be considered as finished:

– after sending to the buyer a confirmation email related to the acceptance of the order by the seller;

– and after receiving the full price of the order.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including default of payment, incorrect address, or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: +33 6 34 37 45 93 (cost of a local call), on the following days and times: Monday to Saturday, 9 a.m. to 5.30 p.m., or send an email to the seller at the following email address: contact@bizonee.com.

 

 

Article 6 – Electronic signature

The online supply of the buyer’s credit card number and the final validation of the order will constitute proof of the buyer’s agreement:

– payment of the sums due under the purchase order;

– signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card the buyer participated, the contact information of the seller to inform as soon as it is observed, telephone number: +33 6 34 37 45 93 or email address: contact@bizonee.com.

 

 

Article 7 – Proof of the transaction

The online records and logs, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be used as proof.

 

 

Article 8 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

All prices on the website are in EURO. They do not take into account the delivery costs, invoiced in addition and indicated before the validation of the order.

If one or more taxes or contributions, in particular, environmental ones were to be created or modified up or down, this change may be reflected in the selling price of the products.

 

 

Article 9 – Method of payment

It is an order with an obligation of payment, which means that the placing of the order implies payment by the buyer.

To pay for his/her order, the buyer has a payment method made available to him/her by the seller. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of a refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The seller reserves the right, in particular, to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

Payment of the price is made in full on the day of the order, according to the following terms:

Bank card

The information relating to the customer’s bank card and communicated by the latter on the website constitutes an authorization for BIZONEE to debit their account for the full amount of their order.

 

 

Article 10 – Product availability – Refund – Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the website, under the provisions of Article L 121-20-3 of the Consumer Code, products ordered are delivered within the deadlines indicated on the website and upon confirmation of the order, and within an average of 10 working days (except express delivery) from the order. The times indicated on the website and during the confirmation of the order are only indicative and corresponding to the average processing time and delivery of the package. The shipping process starts from the date of registration of the order indicated on the order confirmation email.

For deliveries to overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer has to inform the seller before terminating the contract within a reasonable additional period.

Failure to perform at the expiration of this new period may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered as terminated upon receipt by the seller of the letter or writing informing him/her of this termination unless the seller has performed some actions to fulfill the contract in the meantime.

The buyer may however immediately terminate the contract if the dates or deadlines seen above constitute for him/her an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated under the terms indicated above.

In the case of the unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility of canceling his/her order. The buyer will then have the choice of requesting either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

 

 

Article 11 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered in accordance with the terms and time specified above.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer can, at his/her request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a calling card in the letterbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note in the form of handwritten accompanied by his signature for any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged package, broken products …).

If this mention is absent when the sale is finalized, the buyer will not be able to make a complaint to the seller regarding this delivery.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

 

 

Article 12 – Delivery errors

The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of products in kind or in quality with respect to details on the order form. Any complaint formulated beyond this period will be rejected.

The claim may be made, at the buyer’s choice:

– by telephone at the following number: +33 6 34 37 45 93;

– by e-mail to the following address: contact@bizonee.com.

Any claim not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, by registered Colissimo, to the following address: 

11 Rue du Gris d’Aunis 41100 NAVEIL, FRANCE

Return shipping costs are the responsibility of the buyer.

 

 

Article 13 – Right of withdrawal 

In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of his/her order to return any item that does not suit him/her and requests an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new conditions, accompanied by the purchase invoice.

Damaged, soiled, or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer.

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased is reimbursed.

The return costs are the responsibility of the buyer.

The exchange (subject to availability) or the refund will be made within 3 working days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer. under the conditions provided above.

 

 

Article 14 – Force majeure

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, global or local epidemic, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.

 

 

Article 15 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

 

 

Article 16 – Data processing and Freedoms

The personal data provided by the purchaser are necessary for the processing of his/her order and the establishment of invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated through the BIZONEE website is in accordance with the regulations for the protection of personal data (RGPD)

The buyer has a right to permanent access, modification, rectification, and opposition with regard to information concerning him/her. This right can be exercised under the conditions and according to the methods defined on the BIZONEE website.

 

 

Article 17 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

 

 

Article 18 – Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

 

 

Article 19 – Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

 

Article 20 – Language of the contract

These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

 

 

Article 21 – Mediation and settlement of disputes

The buyer can resort to a conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details, and e-mail address of the mediator are available on our website.

In accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

 

 

Article 22 – Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

 

 

Article 23 – Protection of personal data

Data collected

The personal data collected on this website are as follows:

Account opening: when creating the user’s account: their names; first name; email address; phone number; address ;

Connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location, and payment data;

Profile: the use of the services provided on the website makes it possible to enter a profile, which may include an address and a telephone number;

Payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user’s bank account or credit card;

Communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily stored;

Cookies: cookies are used as part of the use of the website needed for better service. The user has the option of deactivating cookies from their browser settings, which may affect the website functionality and performance.

Use of personal data

The personal data collected from users is intended to provide the services of the website, to improve them, and to maintain a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organization of the conditions of use of the Payment Services;

– verification, identification, and authentication of data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user assistance;

– personalization of services by displaying advertisements based on the user’s browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software or malware), and management of security incidents;

– management of any disputes with users;

– sending of commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies which it has entered into contracts;

– when the user publishes publicly accessible information in the free comment areas of the website;

– when the user authorizes the website of a third party to access his/her data;

– when the website uses the services of providers to provide user support, advertising, and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

– if required by law, the website may transmit data to respond to complaints against the website and to comply with administrative and legal procedures;

– if the website is involved in a merger, acquisition, transfer of assets, or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

In the application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request at the following address: contact@bizonee.com.

  • The right of access: they can exercise their right to access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
  • The right of rectification: if the personal data held by the website are inaccurate, they can request that the information be updated.
  • The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • The right to portability: they can request provided personal data from the website in order to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

 

 

Annex :

Withdrawal form

(to be completed by the consumer,

and send by registered letter with acknowledgment of receipt,

within the maximum period of 14 days following the date of conclusion of the service contract)

  

Withdrawal form

To the attention of :

BIZONE

located at: 11 Rue du Gris d’Aunis, 41100 NAVEIL, FRANCE

telephone number: +33 6 34 37 45 93

email address: contact@bizonee.com

 

 

 

I hereby notify you of my withdrawal from the contract relating to …………………, ordered on: ………

 

First and last name of the consumer: ……………..

Consumer address: ……………..

Order reference:

Date: ………………

 

Consumer’s signature

 

Annex :

Consumer Code

Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to it by the contract or has been carried out under its responsibility.”

Article L. 217-5: “The goods comply with the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter 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 his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. ”

Article L. 217-6: “The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them”.

Article L. 217-7: “The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. ”

Article L. 217-8: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied. ”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice clearly entails a cost. disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. ”

Article L. 217-10: “If the repair and replacement of the goods are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 

1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer’s complaint; 

2 ° Or if this solution cannot be without major inconvenience for the latter taking into account the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ” 

Article L. 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12: “Action resulting from lack of conformity lapses two years after delivery of the goods.”

Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects such as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature which is recognized by law. “

Article L. 217-14: “The recourse action may be exercised by the final vendor against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or the repair of the good or the service. any other service related to the good, in addition to its legal obligations aimed at ensuring the conformity of the good.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.

In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.

In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it. “

Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the remaining warranty period.

This period runs from the buyer’s request for intervention or the provision for repair of the property in question if this provision is subsequent to the request for intervention. ”

Civil Code 

Article 1641: “The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it. , or would have given a lower price, if he had known them. ”

Article 1648: “The action resulting from crippling defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.

These General Conditions of Sale are valid for all sales and the customer will be informed of any updates made.