ARTICLE 1 – GENERAL PROVISIONS
1.1 Contact information
If you would like to get in touch with us, please use the following information : – Phone number : +220.127.116.11.23.78 – E-mail address : firstname.lastname@example.org / email@example.com
1.2 Scope of the agreement
The (i) Terms and Conditions, along with (ii) any other provision published on the website or available via different means on the website (the sum of which forms the “Agreement”) govern the use of the Website and/or any purchase made on the Sibylle Von Münster Website. Please note that, in the event of a contradiction between the documents and unless expressly determined otherwise, the abovementioned Terms and Conditions take precedent over any other provision mentioned in section (ii) above.
1.3 Amendments to the Agreement
The Agreement may be amendment, updated, or otherwise modified, in whole or in part, at any moment. However, the Terms and Conditions applicable when You place an order on the Website, are the ones available on the Website on the day of the order.
1.4 Conformity with the CNIL’s disposition
You can find our conformity declaration with the CNIL under number 1531102 v 0.
ARTICLE 2 - PRICE AND PAYMENT
2.1 Our products are priced in euros, all taxes included. Shipping is free in France. You can find the shipping fees for deliveries outside of France (i) on our website when placing your order, if your delivery location is listed, (ii) or by calling or e-mailing our Company for any other location.
2.2 When ordering to a country outside of France, You are the product(s)’ importer. Any product shipped outside the European Union will be billed tax free. Customs fees, local taxes, import taxes or federal taxes may be applied to your purchase. You are solely responsible for the payment of these taxes, as they are beyond our scope of competency. You are responsible for paying these taxes and declaring your purchases to the relevant authority. We suggest you ask your country’s competent authority.
2.3 An invoice will be issued and sent to you for any order you place (see article 3.2.3 below).
2.4 All orders shall be paid in euros.
2.5 You may pay your order using : (i) a credit or debit card (Visa, MasterCard, or American Express): the price of your order will then be immediately withdrawn from your account. (ii) You may also use Paypal : the amount of your order will then be immediately withdrawn from your account. The payment date is the same as the order date.
2.6 Our prices are not negotiable. We do our best to offer the fairest prices possible. Our prices reflect the inherent costs of producing our jewelry in collaboration with French craftsmen, and the prices of high-quality raw materials like metals and gemstones.
ARTICLE 3 - ORDERS, PRODUCTS, AND SHIPPING
3.1 Pre-requisitions for placing an order
You are: - at least 18 years old and have the legal capacity to place an order and to pay for it, or have parental authorization to do so, and are able to prove it at any moment upon request; - an individual purchasing for your personal use (this means that any order you place must correspond to the normal needs of an individual).
3.2 Placing an order
3.2.1 How to place an order
You may place your order: - directly on the Website
3.2.2 Specific provisions applicable to online orders
You order will only be confirmed if you follow the following steps:
3.2.3 Receiving your order
We will send you an order confirmation concerning your order within 2 (two) days of your order request. The website’s obligation to fulfill the order starts when we send the order confirmation. Sibylle Von Münster may refuse any order placed by a User, without triggering its responsibility, if it has a fair reason to do so, especially in case of a doubt of preexisting dispute concerning the payment of a previous order.
3.2.4 Changes made to your order
We will change your order if the product you ordered is no longer available: our products and their corresponding prices are subject to availability. If the products you order are no longer available, we undertake to replace them with products of an equal or superior quality without changing the price of your order. We will inform you as soon as we know the product is out of stock, and we will let you know the updated shipping time, and you will be able to cancel your order if you would like to. We may also cancel all or part of any order if one of our suppliers fails to deliver or if we are facing a force majeure event. We will inform you of this situation as soon as we learn about it, and we will reimburse any amount already paid pertaining to the order or the part of the order that is cancelled. In any case, we will get in touch with you as soon as possible to inform you of the different options available to you.
We will keep you updated on the production and shipping of your order. If you have any question concerning the information below, please reach out to our Customer Service: - our contact information (name, phone number, headquarters), shipping fees, payment methods, shipping methods, or order fulfillment; - the conditions and ways to practice your right to withdraw; - where to address any claims you may have; - the guarantees pertaining to the products you received; - the planned shipping and delivery dates.
3.3.2 Shipping address
The products will be delivered to the shipping address you provided when placing your order.
3.3.3 Shipping times
Unless the manufacturing, processing, shipping, and/or delivery times are longer than initially planned (in which case we will inform you when we confirm the order), the products ordered are delivered between 1 and 3 weeks after we confirm your order (see section 3.2.3 above). Delivery is deemed to have taken place when the products are first presented at the delivery address.
3.3.4 Late delivery
We will inform you of any delay in shipping we are aware of. If you order several products and only some of them are late, we may divide the shipments, in which case, we will let you know ahead of delivery.
3.3.5 Observations on the delivery or the products delivered
You must always check the package and its content upon delivery. If you have any reservation or observation that warrant the products being sent back, please follow the protocol outline in article 4 below.
3.3.6 Property – Risks
The property rights and risks pertaining to the products are transferred upon delivery. However, if: (i) your package is returned to us by the carrier because the address you provided is incorrect or because you did not claim the package within the time period set by the carrier, (ii) you did not answer our calls, voice messages, or emails notifying you of the situation (especially if the phone number or email address you provided is incorrect), and if we are unable to reach you within 2 months of the products’ shipping date, the website will become the products’ owner and have full rights over them. Sibylle Von Münster will keep the payments made to upon placing the order, and you agree to forego your right to any claim over the amount paid or the products you did not claim.
ARTICLE 4 - RETURNS AND SIZE ADJUSTMENTS
4.1 The right to withdraw
In compliance with article L. 121-20 of the French Consumers’ Code, you may exercise your right to withdraw within 7 (seven) days of receiving the products, without having to justify your decision, or being liable of any amount (except for return shipping fees). We will issue a reimbursement within thirty (30) days of your decision to exercise your right to withdraw. Products ordered off catalog – custom orders – are not covered by the right to withdraw outlined in article L. 121-20 of the French Consumers’ Code.
You may send us the products back to have them resized. To do so, you must inform the website’s Customer Service, by emailing or calling them (see article 1.1 above), of your decision before returning the products, and you must indicate the size you would like. You must then strictly follow the return protocol we give you. Your resizing request will only be confirmed if Sibylle Von Münster sends you a confirmation in writing of the processing of your request. You are liable for the return fees to send us the products that need resizing. However, the shipping fees to send you the resized products shall be paid by Sibylle Von Münster; upon reception of the resized items.
ARTICLE 5 - GUARANTEE
5.1 Product guarantee
5.1.1 Legal obligations
Sibylle Von Münster complies with French legislation on product nonconformity and critical flaws, as outlined in articles 1641 through 1649 of the Civil Code: “Article L. 211-4 of the French Consumers’ Code: the seller must deliver a product that is consistent with the description in the Agreement, and is accountable for any flaws identified upon delivery. The seller is also accountable for any flaw in the packaging, assembling or installation instructions when the agreement identifies him as being liable, or when the assembly or installation was done under his responsibility.
Article L. 211-5 of the French Consumers’ Code: conformity with the agreement means: 1) being fit for a regular use, as can be expected of a similar object and, if relevant: - fit with the description given by the seller and have all the qualities the seller outlined when providing a sample or model; - have the qualities a buyer can legitimately expect considering the public statements made by the seller, the maker, or its representative, especially through advertising or labelling; 2) Or have the characteristics defined via an agreement between the parties or be fit for any of the specific purposes the buyer is interested in, which the seller is aware of, and has agreed to. Article L. 211-12 of the French Consumers’ Code: any claim concerning product non-conformity must be made within 2 years of receiving the product. Article 1641 of the Civil Code: The seller is liable for any hidden defect in the product, which makes it unfit for its intended use, or which decreases its potential for use enough so that the buyer would not have purchased it, or would have paid a much lower price, if he/she were aware of said flaws. Article 1648 paragraph one of the Civil Code: any claim filed in relations to a critical flaw must be filed by the buyer within two years of discovering the flaw”.
5.1.2 Guarantee in the event of a breakage
If you break, scratch, or damage the product, and if the breakage is not the consequence of a flaw or hidden defect, we undertake to repair your Sibylle Von Münster jewelry for a fee. Repair shall only be confirmed after the owner of the jewelry agrees to the price quote. This shall not be understood as an insurance policy or as a protection in case of mishandling.
5.2 Guarantee concerning the website
Without prejudice to the guarantees outlined in article 5.1 above, Sibylle Von Münster does not provide any guarantees concerning the Website and/or its Content (as described in article 7 below). More specifically, Sibylle Von Münster is not responsible for the conformity or lack thereof of any part of the Website as it pertains to any specific use. Sibylle Von Münster does not guarantee that the Website’s contents and features, or any other element displayed on it, will be available at all times, without interruptions or mistakes, or that the potential flaws or mistakes shall be immediately fixed, or that the Website or server shall always be free of malware or other potentially damaging component.
ARTICLE 6 - RESPONSABILITY
6.1 The Jewelry offered on the Website is in compliance with French legislation applicable at the moment of upload. The Sibylle Von Münster website shall not be held liable for not complying with the legislation applicable in the country where the jewelry is delivered. It is your responsibility to check in with local authorities regarding the rules on importing jewelry, and to respect these rules. Moreover, if you choose to access the Website from anywhere outside of France, you choose to do so at your own initiative and shall be solely liable for any consequence of this action. You are responsible for respecting local legislation insofar as this legislation is applicable.
ARTICLE 7 – INTELLECTUAL PROPERTY
7.1 The Website and all of its components (including the products), documents and any other data displayed on it (the “Content”), whether it is visuals or sounds, are protected under French and international law on, depending on the specific element, trademark, pertaining to goods and services – whether it is registered or not – and commercial names or other distinctive features, copyright, or other similar rights, sui generis rights, design rights, patents, manufacturing or commercial secrets, or other rights of similar nature that belong or have been licensed to Sibylle Von Münster.
7.2 Your right to use the Website and any of its content or any other element displayed on it is subject to your compliance with the Agreement and any applicable law or regulation. Using the Website or any of its content for any purpose other than the ones authorized by the Agreement may constitute a violation of our rights or of our licenser’s rights: (i) You may only access and display the Content and any other element of the Website for your own private use; (ii) the Website and all of its content may not be copied, modified, republished, downloaded, posted, adapted, shared, distributed, or used in any way without prior written authorization from Sibylle Von Münster or an imperative legal authorization (in which case, you must keep all property rights mentions as is);