Terms and conditions of sale

These general terms and conditions of sale, hereinafter referred to as the "GTC", govern the distance selling terms and conditions between any user of the "lesbijouxchics.fr" website wishing to make a purchase on the "lesbijouxchis.fr" - hereinafter referred to as "the Customer" - and the company ÉLORATHIE, headquartered at 108 avenue de Flandre in WASQUEHAL (59290) - hereinafter referred to as "the Company", a simplified joint stock company with a capital of 2,000 euros, registered with the RCS of LILLE METROPOLE under number 893 430 975.

The company specializes in distance selling of costume jewelry.

ARTICLE 1: GENERAL PROVISIONS

1.1 Purpose and scope of the General Terms and Conditions of Sale (hereinafter referred to as the "GTCS")

The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of sale between ELORATHIE and adults (18 years of age or older) with full legal capacity acting for their personal needs as consumers (hereinafter referred to as "the Customer(s)") with a view to placing an order (hereinafter referred to as "the Order(s)") via the Site.

1.2 Availability and enforceability of the GTCS

The General Terms and Conditions are available to customers on the Site's home page under the "General Terms and Conditions" tab, where they can be consulted directly.

All Orders placed on the Site are subject to the entirety of these GCS.
By checking a box provided for this purpose, the Customer acknowledges having read and accepted them, while guaranteeing having full legal capacity and the required legal age (18 years or over) before definitively validating his Order.

1.3 Modification of the General Terms and Conditions
Société ÉLORATHIE reserves the right to adapt or modify these GTC at any time.
In the event of modification of the GTCS, the applicable version of the GTCS is the one appearing online on the Site at the time of the Order.

ARTICLE 2: THE CUSTOMER

The Customer declares that he/she is a natural person of at least 18 years of age and has the legal capacity or parental authorization to place an Order on the Site.

When registering the Customer's personal data, the Customer must ensure the accuracy and completeness of the mandatory data provided.

The Customer agrees to refrain from any purchase for resale, within the meaning of Article L.110-1 of the French Commercial Code, and declares that the Order is not directly related to any professional activity and is strictly limited to personal use.

ARTICLE 3: SITE

3.1 Site access

Access to the Site is free of charge. Internet connection and access costs are the responsibility of the Customer.

ÉLORATHIE strives to keep the Site accessible, but is under no obligation to do so. Access to the Site may be interrupted for maintenance, updating or any other technical reason. ÉLORATHIE is in no way responsible for such technical interruptions or the consequences thereof.

3.2 Proof
In the absence of proof to the contrary, the data recorded by ÉLORATHIE constitutes proof of all transactions between ÉLORATHIE and its Clients.

ARTICLE 4: PRODUCTS

4.1 Product presentation

The products offered for sale are those described on the Site (hereinafter "the Product(s)"). ÉLORATHIE takes the greatest care in the presentation and description of these Products in order to provide the Customer with the best possible information, so that the latter can know the essential characteristics of each Product before placing a definitive Order.

For technical (photographic and computer) reasons, the actual rendering of the Products may sometimes differ slightly from the photos shown on the Site. In case of doubt, or to obtain additional information or photos, please contact Customer Service by e-mail at hello@lesbijouxchics.fr.

4.2 Conformity
The Products comply with current regulations relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market.

4.3 Product availability
Unless otherwise indicated, Product offers are valid for as long as they are visible on the Site, while stocks last.

Sales are subject to the actual availability of the Products.
In the event that the Product ordered is unavailable, ELORATHIE will immediately inform the Customer and may offer the Customer a Product of equivalent quality and price or, failing this, a voucher for the amount of the Order to be used for any future order.

If the Customer does not agree, ÉLORATHIE will immediately reimburse the sums paid.

Apart from reimbursement of the price of the unavailable Product, ELORATHIE is not liable to pay any compensation for cancellation, unless it is personally responsible for the non-performance of the contract.
When the Order concerns several Products, the available Products of the Order will be delivered.

ARTICLE 5: PRODUCT PRICES

5.1 Price list
The sale price of the Product is that in force on the day of the Order.
Product prices are indicated on the Site in euros, inclusive of all taxes, at the VAT rate applicable on the date of the Order.

The sale price of the Products does not include shipping costs, which are invoiced in addition to the price, and which will be indicated to the Customer before the Order is validated.
The total amount due by the Customer is indicated on the Order confirmation page.

In the event of promotional operations indicated as such on the Site, ÉLORATHIE undertakes to apply the promotional price displayed on the Site to any Order placed during the period of the promotional operation relayed on the Site.

5.3 Price changes
Société ÉLORATHIE reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the Order.

5.4 Discounted prices during sales, Black Friday, Black November.
Products discounted during winter sales, summer sales, Black Friday and Black November are not returnable, exchangeable or refundable, except in the event of a product defect that would prevent its proper use.

ARTICLE 6: ORDERING PROCESS

6.1 Contract conclusion stages

Orders placed on the Site are subject to compliance with the procedure established by ELORATHIE, which consists of a series of different steps that the Customer must follow in order to validate the Order.

To place an Order via the Site, the Customer must click on the Product of his/her choice presented on the Site, select the desired quantities, then click on the "Place Order" icon to place the Product in the shopping basket. The Customer may add as many Products as he or she wishes to the shopping basket.

Before finally confirming their Order, Customers will be able to go to their shopping basket to view a summary of their Order. The Products will be listed with their description and price. In particular, the Customer will be able to see the amount of delivery charges and the total amount of the Order.

The Customer will also have the opportunity, before finally validating his/her Order, to return to the previous pages and correct any errors and/or modify his/her Order, before confirming it to express his/her acceptance.
The Customer must read and accept these General Terms and Conditions of Sale before he can definitively validate his Order.

By definitively validating the Order by clicking on the icon "Validate my order. Placing an order implies payment", a contract is formed between the Customer and ÉLORATHIE (hereinafter referred to as "the Contract").

An e-mail acknowledging receipt of the Order and payment will be sent to the Customer as soon as possible, to the e-mail address provided during the Order process.

6.2 Refusal of Order validation for legitimate reasons
ÉLORATHIE reserves the right to refuse any Order if it is abnormal, placed in bad faith or for any other legitimate reason, and more particularly if the quantities of Products ordered are abnormally high with regard to the Customer's status as a consumer, or if there is a dispute with the Customer concerning the payment of a previous order.

6.3 Order modification
Any modification of the Order by the Customer after confirmation of the Order is subject to the express acceptance of ÉLORATHIE.

ARTICLE 7: PAYMENT TERMS

7.1 Payability
Payment for Products purchased from ÉLORATHIE via the Site is required in full at the time the Order is placed.

7.2 Accepted means of payment
Payments are made by credit card (Visa / Mastercard / Carte Bleue), Paypal or Apple Pay, through the secure payment module integrated into the Site, by a banking institution.

7.3 Payment security
The Site is equipped with a secure online payment system enabling the Customer to encrypt the transmission of his/her bank details.

7.4 Invoice
An invoice will be issued by ELORATHIE and sent with the Products.
The customer will also be able to print it out via his account.

7.5 Reservation of title
ÉLORATHIE remains the owner of the Products sold until the price has been paid in full.

ARTICLE 8: DELIVERY

8.1 Delivery methods and times
Order preparation time is 48 hours maximum.
ÉLORATHIE offers three delivery methods to its customers in mainland France, Corsica and Monaco:
- Standard delivery via Mondial Relay, within 4-5 working days
- Standard home delivery via Colissimo, between 2 and 3 working days

Once the order has been placed, the Customer will receive an email notification as soon as the Order has been dispatched, with a tracking number enabling him to follow his parcel, whatever the delivery method chosen.

For Orders placed outside mainland France, the delivery time is indicated during the Order process, before the final confirmation of the Order, and may vary depending on the Products ordered, the destination Country and the delivery method chosen by the Customer.

8.2 Delivery address
The Products will be delivered exclusively in mainland France, Corsica and Monaco.
Delivery is made to the delivery address indicated by the Customer at the time and as part of the Order.

The information provided by the Customer when placing an Order is binding.
ELORATHIE declines all responsibility for defects or delays in delivery in the event of fault on the part of the Customer, in the event of an unforeseeable and insurmountable act on the part of a third party to the Contract or in the event of force majeure. In particular, the Customer is considered to be at fault if he or she provides an incomplete or erroneous address, or if he or she fails to collect the parcel within the time limit set for this purpose. In such cases, the Customer will be liable for the cost of reshipment.

8.3 Receipt of Products by the Customer
Each delivery is deemed to have been made as soon as the Products have been made available by the carrier to the Customer or to a third party designated by the Customer, as evidenced by the control system used by the carrier. In the absence of proof to the contrary, no dispute relating to the delivery itself will be possible if the parcel appears to have been delivered, the carrier's computer system acting as proof.

8.4 Faults, damage, damaged parcels
The Customer is strongly advised (but not obliged) to notify the carrier at the time of delivery of any reservations concerning the packaging and, if applicable, the condition of the Products (e.g. open package) and, if necessary, to refuse the Products and also notify ÉLORATHIE.
Any justified protest for damage or partial loss must in any event be notified to ELORATHIE as soon as possible and at the latest within three (3) days, not including public holidays, following receipt of the Products by email (hello@lesbijouxchics.fr) or by registered letter with acknowledgement of receipt, without prejudice to the Customer's right of recourse against ELORATHIE under the conditions and within the limits provided for by law and these GCS.

8.5 Late delivery

8.5.1 Information
In the event of a delay in shipment or delivery known to ÉLORATHIE, an information email will be sent to the Customer as soon as possible and a new shipment or delivery date will be proposed.
At the same time, the Customer is strongly advised to report any delay in delivery to ELORATHIE's Customer Service as soon as possible. ÉLORATHIE will then make inquiries with the Post Office and/or the carriers concerned in order to locate the parcel.

8.5.2 Resolving the Contract
In any event, the Customer shall have the right to cancel the Contract if delivery of the Order has not taken place by the delivery date initially indicated.
This right of cancellation is exercised in accordance with the provisions of article L.216-2 of the French Consumer Code:
The Customer must first instruct ÉLORATHIE, by registered letter with acknowledgement of receipt sent to the following address: ÉLORATHIE, 108 avenue de Flandre à WASQUEHAL (59290), or by email sent to the following address hello@lesbijouxchics.fr, to make delivery within a reasonable additional time.

If the Products have not been received by the end of this new period, the Customer may then terminate the Contract in the same way, i.e. by sending a new registered letter with acknowledgement of receipt or another e-mail. The Contract shall be deemed to have been terminated on receipt by ELORATHIE of the letter or writing informing it of such termination, unless ELORATHIE has performed in the meantime.

Nevertheless, the Customer may immediately terminate the Contract if ELORATHIE refuses to deliver on the delivery date initially indicated to the Customer if this date constitutes for the Customer an essential condition of the Contract. This essential condition results from the circumstances surrounding the conclusion of the Contract or from an express request made by the Customer prior to the conclusion of the Contract.

8.6 Delivery and transfer of risk
The risks of loss or damage to the Products are transferred to the Customer at the moment when he/she, or a third party designated by him/her, takes physical possession of the Product(s), without distinction according to its/their nature.
The Product, which is delivered to the Customer by a carrier chosen by ÉLORATHIE, travels at ÉLORATHIE's risk.

8.7 Transfer of ownership
From the date of delivery, ownership of the Product is transferred to the Customer, unless full payment has not yet been received.

ARTICLE 9: LEGAL RIGHT OF WITHDRAWAL AND REFUND

9.1 Conditions and deadline for exercising the right of withdrawal

In application of the provisions of article L.221-18 of the French Consumer Code, the Customer has the right to exercise his right of withdrawal without having to justify his decision or bear any costs other than those provided for in articles L.221-23 to L.221-25 of the French Consumer Code.

The withdrawal period expires fourteen days (14j) after the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the Product(s) from the Order.

In the event that several Products are ordered by the Customer through a single Order, but that these Products are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the Customer or a third party other than the carrier designated by the Customer takes physical possession of the last Product from his/her Order.

9.2 How to exercise the right of withdrawal and the Customer's obligations

9.2.1 In the event of exercising the right of withdrawal, the Customer must express to ELORATHIE's Customer Service Department his clear wish to withdraw within the aforementioned maximum period of 14 days.

The Customer's request for retraction must be unambiguous and may be sent either by post to the following address :

ELORATHY
Service
4 rue Emile Payen
59310 NOMAIN

or by e-mail: hello@lesbijouxchics.fr

The burden of proof for exercising the right of withdrawal lies with the Customer. We therefore strongly recommend that the Customer use a registered letter with acknowledgement of receipt, or send it directly by e-mail to the following address: hello@lesbijouxchics.fr. If the Customer has exercised his/her right of withdrawal by e-mail, ELORATHIE will immediately send an e-mail acknowledging receipt of the Customer's decision to withdraw.

9.2.2 The Customer must then without undue delay and, at the latest, within fourteen (14) days of communicating his decision to withdraw:

place the complete Products that he/she wishes to return, if possible in their original packaging and in any case in a condition allowing them to be remarketed as new;
if possible, enclose a copy of the purchase invoice or any other document identifying the Order in question;
then put everything in a suitable box to ensure the safe transport and return of the products to our after-sales service:

ELORATHY
Service
4 rue Émile Payen
59310 NOMAIN

The Customer is strongly advised to return the parcel by any means that provides proof of dispatch and gives it a definite date.

9.2.3 The Customer may be held liable in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature and essential characteristics of the Products.

9.3 Direct costs of returning Products
In the event of exercising the right of withdrawal, the direct costs of returning the goods to La Poste (return delivery costs, any export/import taxes resulting from the return) will be borne by the Customer.

To facilitate the return, the customer may request a return label. In this case, an amount of 5€ will be deducted from the refund of the Product(s). After validation of this simplified solution, the return document will be sent directly by e-mail to the customer.

9.4 Effects of exercising the statutory right of withdrawal

In the event that the Customer exercises his/her right of withdrawal, ELORATHIE will reimburse the Customer for all sums paid, including any delivery charges (with the exception of any additional charges arising from the fact that the Customer may have chosen a more expensive delivery method than the standard one proposed by ELORATHIE).

Reimbursement of all sums paid will be made to the bank account debited at the time of the Order, as soon as possible and at the latest within fourteen (14) days from the date on which ÉLORATHIE is informed of the Customer's decision to withdraw, once ÉLORATHIE has received all the Products to be returned.
Reimbursement of all sums paid to ÉLORATHIE will be deferred until ÉLORATHIE has recovered from the Customer all of the Products for which the right of withdrawal is exercised or until the Customer has provided proof of shipment of these Products, whichever comes first.

9.5 Warranty
Products sold on the lesbijouxchics.fr website are guaranteed for two years, when used under normal conditions (no use of corrosive or abrasive products). Excluded from the warranty are ageing, wear and tear and alteration due to the use of perfume, as well as deterioration, breakage or loss resulting from accidental circumstances, the intervention of a third party, improper use or lack of maintenance.

Article 10: PROTECTION OF PERSONAL DATA

10.1 Personal data and purposes

Placing an Order requires the Customer to provide a certain amount of personal data (identity, e-mail address, delivery and billing address, payment details).

Generally speaking, the information collected by ÉLORATHIE that is essential to respond to the Customer's requests is identified by an asterisk on the collection forms. If the Customer does not fill in these compulsory fields, ÉLORATHIE will not be able to respond to his/her requests.

The data identified as obligatory is required to process Orders and to manage and monitor the commercial relations between Société ÉLORATHIE and its Customers.
This information and data may also be used by ÉLORATHIE for internal statistical purposes, in particular to enable ÉLORATHIE to improve the quality of its services and better meet Customer expectations.

In addition, the Customer may receive from ELORATHIE, by e-mail or SMS, offers relating to Products or services similar to those which have already been the subject of an Order. The Customer may, at any time and at no cost, object to such offers in the future, in accordance with the terms and conditions specified in each mailing.

Without prejudice to the above, the Customer is informed that he/she may, if he/she so wishes, register free of charge on the anti-solicitation list.

10.2 Recipients of personal data
Personal data is not used for commercial purposes by third parties. The databases used to store customer information are not intended for resale or commercial use by third parties.

The personal data collected is intended for use by ÉLORATHIE and may be transmitted on a confidential basis to service providers acting on behalf of ÉLORATHIE, in particular to enable the processing of the purposes set out above.

10.3 Security of personal data
ÉLORATHIE has taken all necessary precautions and implemented appropriate organizational and technical measures to preserve the confidentiality and security of personal data processed and prevent it from being distorted, damaged, destroyed or accessed by unauthorized third parties.

ÉLORATHIE has adopted a strict policy of managing the authorizations of its staff, giving access to Customer data only when strictly necessary.

10.4 Retention period for personal data
ÉLORATHIE keeps personal data only as long as is necessary for the purposes for which it was collected and in compliance with current regulations.

10.4.1 Credit card data
In order to take into account the need to reimburse the Customer in the event that he/she wishes to exercise the legal cooling-off period offered to him/her by article L.221-18 of the French Consumer Code (Code de la Consommation) and recalled in article 9, credit card details are deleted once the legal cooling-off period has expired or, if exercised, once reimbursement has been made within the legal timeframe.

In the case of payment by credit card, the card number and its validity date will be stored in an intermediate archive for the period stipulated in article L. 133-24 of the French Monetary and Financial Code, i.e. thirteen (13) months following the debit date, plus two (2) months to take account of the possibility of using deferred debit cards, for the purpose of providing evidence in the event of any dispute concerning the transaction. This data will only be used if the transaction is contested.

10.4.2. Other customer data (excluding credit cards)
Other customer data is kept for the duration of the commercial relationship. Beyond the end of the commercial relationship, customer personal data is kept for evidentiary purposes, in the form of an intermediate archive, for a period of five (5) years.

ÉLORATHIE may use Customer data to send them offers for Products or services similar to those already ordered, for a period of three (3) years from the end of the commercial relationship.

ÉLORATHIE may keep the personal data of its customers for analysis or aggregate statistical purposes for the duration of the commercial relationship. After the end of the commercial relationship, if ELORATHIE wishes to use this data for analysis or aggregate statistical purposes, the data will be irreversibly anonymized by purging all personal data, including indirectly identifying data.

10.4.3. Data from non-customer Prospects
The data of persons who have registered on the Site without placing an Order (hereinafter referred to as "Non-Customer Prospects") is kept for a period of three (3) years from the date of collection or from the last contact from the Non-Customer Prospect, unless the account has been deleted earlier. In any event, the data will be deleted as soon as the account is deleted.
10.5 Rights of access, rectification, deletion and opposition to processing and the right to define specific directives relating to the retention, deletion or communication of data after death;

In accordance with the legal provisions in force, the Customer has the right to access, question, rectify and delete any personal data held by ÉLORATHIE, allowing him/her, if necessary, to rectify, complete, update, lock or delete any personal data that is inaccurate, incomplete, equivocal, out-of-date, or whose collection, use, communication or storage is prohibited. To do so, he/she should contact the CNIL.

The Customer also has the right to object to the processing of his/her personal data for legitimate reasons, as well as the right to object to such data being used for canvassing purposes. If the Customer was a minor at the time the data was collected, he or she may also ask ELORATHIE to delete his or her personal data in accordance with the law. If the request complies with legal requirements, ELORATHIE will delete the personal data in question as soon as possible.

If, out of the ordinary, ELORATHIE does not respond within one (1) month, or in the event of non-execution of the deletion of the data concerned, the Customer may refer the matter to the CNIL, which will rule on the request within three (3) weeks from the date of receipt of the complaint.

Finally, the Customer has the right to define general and specific directives concerning the conservation, deletion and communication of his/her personal data after his/her death. Customers are informed that they (i) may modify or revoke their directives at any time, and (ii) may freely designate a person to carry out their directives.

To ensure the protection of Customers, ELORATHIE will only respond to requests relating to personal data concerning them, and they will be asked to prove their identity before honoring their request by asking them to provide the front of an identity document only, preferably in black and white. In the event of exercising the right of access or rectification, data relating to identity documents will be kept for one (1) year. If you exercise your right to object, this data may be archived for three (3) years.

To exercise any of these rights, simply send a request by e-mail to the following address: hello@lesbijouxchics.fr or by post to ÉLORATHIE, 108 avenue de Flandre, WASQUEHAL (59290).

10.6 Cookies
A "cookie" is a piece of information placed on the hard disk of the customer's computer by the Site's server.
ÉLORATHIE may place cookies on the Customer's computer in order to recognize the Customer on a subsequent visit and to personalize the Site.

Customer browsing data is used to compile statistics on the most and least popular pages, preferred paths, activity levels by day of week and time of day, and major client or server errors.
These cookies are intended to be stored on the Customer's computer for a variable period of up to thirteen (13) months from the time they are first deposited on the Customer's computer, and during this period may be read and used by ELORATHIE when the Customer subsequently visits the Site.

Customers may prevent the installation and storage of cookies at any time by configuring their computer or modifying their browser settings (generally: tools or options / privacy or confidentiality). However, browsing on the Site will not be optimized: if Customers refuse or deactivate cookies, they may no longer be able (i) to access the Site under the same conditions and with the same features as before, or (ii) to modify their browser settings.
process to certain parts of the Site or (ii) to make fluid use of certain services on the Site and/or they will have to re-enter all the information concerning them.

The issue and use of cookies by third parties are subject to the privacy policies of these third parties. We inform Customers of the purpose of cookies of which ÉLORATHIE is aware and of the means available to them to make choices with regard to these cookies.
ÉLORATHIE may include third-party applications on the Site that enable Customers to share Site content with other people, or to inform these other people of their consultation or opinion concerning Site content. This is notably the case for "Share" and "Like" buttons from social networks (such as "Facebook", "Twitter", etc.).

The social network providing such an application button is likely to identify the Customer thanks to this button, even if the Customer has not used this button when consulting our Site. In fact, this type of application button may enable the social network concerned to track the Customer's browsing on our Site, simply by virtue of the fact that the Customer's account with the social network concerned was activated on his terminal (open session) during his browsing on our Site.

ELORATHIE has no control over the process used by social networks to collect information relating to the Customer's browsing on its Site, nor over the personal data they hold. We invite Customers to consult the privacy protection policies of these social networks in order to learn about the purposes of use, in particular advertising, of the browsing information they may collect through these application buttons.

In particular, these protection policies must enable customers to exercise their choices with regard to these social networks, notably by configuring their user accounts for each of these networks.

ARTICLE 11: LIABILITY

ELORATHIE may not be held liable for any reason whatsoever in the event of non-performance or improper performance of the Contract due either to the fault of the Customer, or to the insurmountable and unforeseeable fault of a third party to the Contract, or to a case of force majeure.

ÉLORATHIE may not be held liable for the Product's non-compliance with legislation other than French law. Where applicable, it is the responsibility of the Customer domiciled in a Member State other than France to check that the Product is not prohibited for sale in his/her country.

ARTICLE 12: INTELLECTUAL PROPERTY

All elements of the Site are and remain the exclusive property of ÉLORATHIE or of the holders of the said rights who have granted ÉLORATHIE a right of use.

Thus, none of the content that appears or is available on the Site may be, in whole or in part, copied, reproduced, represented, used, republished, uploaded, posted, transmitted or distributed in any way whatsoever without the prior written consent of ÉLORATHIE.

Any person who has a personal website and who wishes to place, for personal use, on his or her site a simple link referring directly to the Site's home page, must request authorization from ELORATHIE. Under no circumstances will this constitute an implicit affiliation agreement.

ARTICLE 13: WARRANTIES

13.1 The Products offered on the Site are covered by legal warranties under French law.
All Products sold on the Site benefit from the legal guarantee of conformity (L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code).

Reminder of articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and articles 1641 and 1648, first paragraph, of the French Civil Code:
Article L.217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."

Article L.217-5 of the French Consumer Code: "The goods conform to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
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 seller's attention and accepted by the latter."

Article L.217-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred two years after delivery of the goods.

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".

Article 1648 of the Civil Code, first paragraph: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

13.2 Exercise of the legal warranty of conformity and consequences
The seller is obliged to deliver a Product which conforms to the Contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made its responsibility under the contract or has been carried out under its responsibility.

When acting under the legal warranty of conformity, the Customer :
has a period of two years from the delivery of the Product to take action;
may normally choose between repair or replacement of the Product, subject to the provisions of article L.217-9 of the French Consumer Code.

is exempt from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.

In this case, ÉLORATHIE undertakes, at the Customer's option :
or to replace the Product with an identical Product depending on available stocks,
or refund the price of the Product if replacement of a Product proves impossible,
or to refund part of the price of the Product if the Customer decides to keep the Product.

13.3 Exercise of the legal warranty for hidden defects in the Product under article 1641 of the French Civil Code and consequences

The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.
In this case, ÉLORATHIE undertakes, at the Customer's option :
or refund the full price of the returned Product,
or to refund part of the price of the Product if the Customer decides to keep the Product.

13.4 For any request concerning legal guarantees, the Customer should contact ÉLORATHIE at the following email address hello@lesbijouxchics.fr or by post at 108 avenue de Flandre in WASQUEHAL (59290).

ARTICLE 14: DISPUTES - MEDIATION

14.1 In the event of a dispute, the Customer must first contact ÉLORATHIE's Customer Service at the following email address hello@lesbijouxchics.fr or by registered mail with acknowledgement of receipt. ÉLORATHIE will reply as soon as possible.

14.2 In the event of failure to lodge a complaint with the Customer Service Department or in the absence of a response from this department within two (2) months, the Customer may have recourse to a consumer mediator with a view to amicably resolving the dispute with ÉLORATHIE. In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ÉLORATHIE subscribes to the Service du Médiateur du e-commerce ;

14.3 In any event, the Customer will always have the option of taking the matter to court.
The Customer may choose to bring the matter before the courts of LILLE (where ÉLORATHIE resides), the courts of the place where the Product was actually delivered, or the courts of the place where the Customer resided when the Contract was concluded or when the harmful event occurred.

ARTICLE 15 - PARTIAL NULLITY

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

ARTICLE 16 - NON-WAIVER

The fact that one of the parties to the GCS has not required the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of that party's rights arising from the said clause.