TERMS OF SALES
November 23, 2022
The purpose of these conditions is to set out the terms and conditions under which Verpal sells to its customers designer jewelry gilded with 999 thousandths" (24 carat) gold and silvered with fine silver (hereinafter referred to as "the(ies)) Product(s)”) through the website www.verpal.fr (the “Site”).
Verpal limited liability company registered in the Evreux trade and companies register under number 534 515 390 and whose head office is at 2 impasse du Vieux Manoir in Guerny (27720); Telephone 06 07 41 49 92; Email: email@example.com (hereinafter “Verpal”).
Acceptance of these general conditions of sale (“GTC”) implies the Customer’s full and unreserved acceptance of these GTC. All orders on the Site are subject to these GTC. These are subject to modifications and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
These General Terms and Conditions exclusively govern the sales made by Verpal of the Products offered to buyers having the status of consumers (hereinafter the “Customer(s)) on the Site and specify the conditions of order, payment, delivery and management of the possible returns of products ordered by Customers. The General Conditions of Sale are enforceable against the Customer who declares having read them and accepted them by checking the box “I accept the General Conditions of Sale” before implementing the online ordering procedure.
The Customer of the Site must be a consumer, an adult natural person and legally capable. The Customer must, when placing their first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields so that their order for Products can be taken into account by Verpal. The information communicated to Verpal when opening its customer account and during each of its orders must be complete, accurate and up to date. Verpal reserves the right not to respond to an order if it does not come from a customer meeting the criteria set out above.
The essential characteristics of the Products are presented on the Site inside each of the product sheets. If the Customer has any questions, he can contact Verpal by telephone at 0607414992 or by email at: firstname.lastname@example.org
To place an order, the following steps must be followed:
- the Customer walks on the Site and adds the Product to his basket, specifying the quantity;
- the Customer checks the nature of the Products added to the basket;
- to delete an item, the Customer must click on “Delete” and to change the number of items, modify the quantity and click on “Refresh”;
- the Customer can then finalize their order or choose to continue their purchases;
- To conclude the purchase contract and finalize the order, the Customer must complete the order form and indicate the personal data necessary for the order;
- the Customer must choose their delivery method;
- the Customer must choose their payment method;
- it is up to the Customer to check the details of the order and in particular the total price of his order taking into account the price of the Products, the delivery terms and costs, VAT, the Product in particular in terms of quantity
- the Customer must read and accept the General Terms and Conditions
- the Customer makes the payment.
The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination. It is the Customer's responsibility to verify the accuracy of the information he communicates.
Verpal reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons. Verpal will also 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 Terms and Conditions.
In these cases, Verpal will inform the Customer by telephone or by email.
In the event that the Products presented on the Site are no longer available or on sale at the time your order is sent, Verpal must communicate to you promptly, and in all cases, before thirty working days from the day following your order , the possible unavailability of the products ordered.
In the event of payment of the price, Verpal will reimburse you in full for the sums advanced for the unavailable Products.
The contract is deemed concluded upon receipt by Verpal of the order after verification by Verpal of the accuracy of the data relating to the order.
After validation of your order, a notice of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
The Site offers payment via Credit Card. When the order is finalized, Verpal confirms the payment by sending the Customer a summary email.
The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order).
Packaging, order processing and shipping costs are indicated before validation of the order.
Verpal may modify the prices of the Products at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework.
The Products are invoiced on the basis of the price in effect when the Customer places the order.
The Products remain the full property of the company Verpal until full payment of the price of each order by Verpal.
Payment for purchases is made via the secure platform of our partner Bred Banque Populaire.
For delivery outside the European Union, the Customer must pay customs duties or other taxes due when importing the products into the country of delivery.
The related formalities are also the sole responsibility of the Client.
The Customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
The Products are delivered to the delivery address indicated on the order form.
The package is delivered according to the shipping method chosen by the Customer and is given to the recipient against signature of a delivery slip (depending on the delivery method).
Products are delivered worldwide.
No delivery can be made to a hotel or post office box address.
Verpal undertakes to ship all orders placed as soon as the jewelry item is manufactured (deadline from 1 to 30 days).
Delivery delay :
From the dispatch of the order (working days), the average delivery times are as follows: 3 to 5 working days by Colissimo for France; 5 to 12 working days by international Colissimo.
It is specified that any change of delivery address made by the Customer after registration of the order may result in an extension of the delivery time.
If Verpal is unable to deliver on the date indicated or within the period indicated when ordering, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2 of the Code of consumption, that is to say by registered letter with acknowledgment of receipt, after having ordered Verpal to make delivery within a reasonable time by registered letter with acknowledgment of receipt, without Verpal having complied.
7. PRODUCT RECEIPT
Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the delivered Product. If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the Products it contains. If these Products have been damaged, the Customer must refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc.
This verification is deemed to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm his reservations to the carrier by registered mail at the latest within three days, not including public holidays, following that of receipt of the Products and send a copy of this letter to Verpal.
Failure to comply with said deadline does not hinder the recourse that the Customer may have against Verpal to obtain an exchange or reimbursement of the Products in the event of damage or anomaly of the Product at the time of delivery. Likewise, the Customer always benefits from his right of withdrawal under the conditions of article 9 above.
For any request relating to commercial and legal guarantees, please contact: Verpal, Customer Service, 2 impasse du ancien manoir in Guerny (27720) – Telephone 0607414992 (cost of a local call in mainland France) – email: info@verpal .Fr
8.1 Commercial guarantee
In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, welding defect).
The Customer can request the application of this guarantee by mail (by returning the Product to us) or by coming directly to the store with the Product and proof of purchase.
This guarantee is free. We will reimburse you for shipping costs. This warranty runs from the date of delivery of the Product for a period of one (3) month. This commercial guarantee does not apply:
- non-compliant uses as well as defects in use;
- damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes
- in the event of an abnormal maintenance operation or in the event of a lack of maintenance and hygiene;
- in case of natural wear;
- interventions carried out on the jewelry by any person not authorized by Customer Service as well as damage resulting from such intervention.
Article L 217-16 of the Consumer Code: When the buyer requests from 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 period of downtime of at least 7 days is added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
8.2 Legal guarantees
Unless he is a legal entity or a natural person acting for purposes falling within the scope of his commercial, industrial, artisanal or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which he can act.
Verpal is thus liable for lack of conformity and hidden defects under the conditions provided respectively by articles L 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code. Article L 217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code: To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or of model; – present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2°Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. Article L 217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from delivery of the good 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 can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. Article L 217-9 of the Consumer Code: 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 results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. Article L 217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. Article L 217-11 of the Consumer Code: 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 prevent the award of damages.
Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer requests from 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 period of 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 making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it not acquired, or would have given only a lower price, if he had known them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded. Article 1648, paragraph 1, of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. When acting under a legal guarantee of conformity, the Customer benefits from a period of 2 years from delivery of the goods to act:
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted by Verpal. When acting under a legal guarantee for hidden defects, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
9. CUSTOMER’S RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L 221-18 et seq. of the Consumer Code, the Customer may discretionarily cancel his order without giving any reason. To do this, he has the right to withdraw.
He may exercise it (or a third party designated by him with the exception of the carrier) within 14 days from receipt of the Product. Before the expiration of this 14-day period, the Customer must inform Verpal of his decision to withdraw either by sending him the withdrawal form appearing at the bottom of the General Terms and Conditions by cutting it out or in your package, after having duly completed it, or by sending him an email clearly and unambiguously expressing this decision and mentioning his order number to:
The Customer must return the Product, at his own expense (unless the product does not conform or presents a manufacturing defect), to Verpal, to the address mentioned on the withdrawal form at the latest within 14 days following the communication of his decision to withdraw. Verpal strongly advises its Customers to return products by Colissimo or Lettre Max.
The Customer also has the possibility of choosing the carrier of his choice. It is therefore recommended to provide proof of this return, which requires that the Products are returned with package tracking, or by any other means giving a certain date.
Verpal must reimburse the Customer, including delivery costs, no later than 14 days from the date on which Verpal actually collected the Product or the date on which the Customer provided Verpal with proof of shipment of the product.
Reimbursement will be made by bank transfer to the card used to pay the initial invoice. It is not possible to replace or exchange returned products.
You will need to place a new order online. Regarding returns of tailor-made products: Article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized . However, we undertake to reimburse you for clearly personalized products that do not correspond to your order (defective).
10.EFFECT OF THE CONTRACT
The contract produces all its effects upon its conclusion and cannot be terminated unilaterally by either party, unless the Client uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.
The Customer acknowledges that the Verpal Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Verpal, particularly in terms of intellectual property, for the entire duration of protection of these rights and for the entire world. Certain Products have been registered as a design and model and are automatically protected by copyright.
The Customer refrains from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, brands or distinctive signs, business secrets, techniques or know-how. be used by Verpal, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by Verpal by a trademark, a design or a copyright.
Consequently, any reproduction not authorized by Verpal will be subject to infringement subject to legal action.
12.PROCESSING PERSONAL DATA
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
13. APPLICABLE LAW & COMPETENT JURISDICTION
The General Conditions of Sale are subject to French law. In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the General Conditions of Sale could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the jurisdictional rules of common law.
Withdrawal form (to be cut out) (Please complete and return this form only if you wish to use your right of withdrawal regarding an order) To the attention of VERPAL – 19 rue du Pont-Louis-Philippe – 75004 Paris.
I hereby notify you of my withdrawal from the contract relating to the sale of the Product below: …………………………………………………………
Ordered on(*)/received on(*): ……………………
Client name : …………………………………………………
Customer Address: ………………………………………………
Signature of the Client (only in the event of notification of this form on paper): ……………………………………………………
Date : ……………………………………………………
In the event of a complaint or dispute relating to the Site, these General Terms and Conditions and/or an order, and before any request for mediation, the Customer must contact Verpal Customer Service as a priority (by email at email@example.com or to the telephone numbers indicated in the “Contact” section) As a reminder 0607414992 in order to report your complaint or dispute and to try to find an amicable solution with the Seller.
In the event of a complaint not kindly resolved by Customer Service, the Customer may choose to: USE THE EUROPEAN COMMISSION'S ONLINE DISPUTE RESOLUTION PLATFORM ACCESSIBLE AT THE FOLLOWING ADDRESS:
Address: 14 Rue Saint-Jean, 75017 Paris
Telephone: 06 09 20 48 86