Terms and Conditions

Article 1: SCOPE OF APPLICATION

These General Terms and Conditions of Sale exclusively govern the commercial relations of TERRE D'ÉTÉ with its Customers for the sales and services presented on the website www.terre-dete.fr.

Any order implies prior consultation and acceptance of these General Conditions of Sale.

The fact that a natural or legal person places an order on the website www.terre-dete.fr implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer. , who waives, in particular, to take advantage of any contradictory document, which would be unenforceable against the Seller.
These General Conditions of Sale are accessible at any time on the website www.terre-dete.fr and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date of placing the order.
The modifications of these General Conditions of Sale are opposable to the users of the Internet site www.terre-dete.fr as from their putting on line and cannot apply to the transactions concluded previously.
These General Conditions of Sale may be supplemented by special conditions before any transaction with the Customer.
It is understood that persons considered legally incapable of contracting within the meaning of articles 1145 and following of the Civil Code, in particular unemancipated minor children, must obtain the authorization of their legal representative prior to any order.

Article 2 - PURPOSE

The present conditions relate to the sale of jewelry and accessories of different types presented for sale on the site www.terre-dete.fr.
The term "Products" designates all jewelry and accessories of any kind, subject of the Customer's order, offered for sale on the site concerned, in accordance with these general conditions.
The term "Service" represents any service, subject of the Customer's order, offered on the same site.
The term "Customer" refers to the natural or legal person ordering products and / or services online.
The term "Site" designates the website www.terre-dete.fr.
The terms "Company" or "Seller" designate the company TERRE D'ÉTÉ.

Article 3 - IDENTIFICATION OF THE SELLER

This sale is made between the Customer and the company TERRE D'ÉTÉ, a limited liability company whose head office is located at 635 Chemin des Mannes in CAVALAIRE-SUR-MER (83240) registered with the FREJUS RCS under number 493 596 431.
You can send your questions and comments by email to the following address: contact.terredete@gmail.com.
Likewise, all complaints should be sent to the following address: contact.terredete@gmail.com.

Article 4 - ONLINE PRODUCTS AND SERVICES

Given the artisanal nature of the products sold, they are only available within the limits of available stocks.
The Company reserves the right at any time to add or delete all or part of the products sold or presented on the Site.
The photographs and illustrations accompanying the products on the Site have no contractual value and therefore cannot engage the responsibility of the TERRE D'ÉTÉ company.
Also, the Company may change the presentation as well as the prices of the Products. The Customer is solely responsible for the choice of Products, their conservation and their use.

Article 5- DURATION

These conditions apply throughout the duration of the online availability of the Products and while stocks last.

Article 6 - PRICE

The prices are indicated in Euros all taxes included (TTC) except delivery costs.

Article 7- ORDERS

It is up to the Customer to select from the site the products he wishes to order, according to the following methods:

7.1 Identification

When ordering, each Customer must enter the mandatory fields including their Name, First Name, Email address, Telephone number and Postal address.

7.2 Confirmation of the order

The Customer orders by clicking on the "Add to cart" button located below each product. The order is summarized in the "Basket" section, which includes all the elements and products that the Customer must confirm by clicking on "Confirm order".
In all cases, the Company's automatic registration computer systems under reasonable security conditions and the final validation of the order by the Customer will be considered as proof of the nature of the content and the date thereof.

7.3 Confirmation of the order

The acceptance of the order must be confirmed to the customer by the company the Company by an email sent to the address provided by the Customer. The sale will only be considered final after sending the Customer confirmation of the acceptance of the order by the Company.
The Company reserves the right to not confirm an order received on its website for any reason whatsoever, relating in particular to the supply of products, the abnormality of an order or a foreseeable difficulty concerning the delivery. to perform.
The Company will inform the Client by the same means.

7-4. Order modification

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

7.5. Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or cases of force majeure.

Article 8 - PRICES

The Products are supplied at the prices in force appearing on the Site when the order is registered by the Seller.
The prices take into account any reductions that would be granted by the Seller on the Site.
These prices are firm and cannot be revised during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are billed in addition, under the conditions indicated on the Site and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are fully payable by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Article 9- DELIVERY

The Customer undertakes to take charge of the products at the delivery address he has indicated, on the day and at the time slots as agreed with La Poste.

The Customer must, upon delivery, be able, if necessary, to provide proof of his identity and the number of his order as shown on the confirmation and automatically assigned by the Site's computer system.
Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.
Delivery is ensured within 48 hours minimum of the order. This period varies depending on the product and can be extended up to 15 days.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for information only. If the Products ordered have not been delivered within THIRTY DAYS after the indicative delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request within conditions provided for in Articles L 216-2 to L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding. In the event of non-conformity of the delivered Product, the Seller undertakes to remedy or reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee".

The Seller bears the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
The Customer is required to check the condition of the products delivered. He has a period of three days from delivery to formulate in writing (postal mail, electronic mail) any reservations or complaints for non-conformity or apparent defect of the delivered Products (for example damaged parcel, already open ...) with all supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proved by the Seller, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

Article 10- TERMS OF PAYMENT

10.1 Payment terms

The price is payable in cash, in full on the day the Customer places the order, in accordance with the terms specified in article 7 "Orders" above.
The Seller will not be required to deliver the products ordered by the Customer if the price has not been paid to him in full.

10.2 Payment terms

Payment is made online, at the time of ordering, by credit card.
All the information exchanged to process the payment (16-digit card number, expiration date, visual cryptogram) is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. They are not stored on the Company's computer systems either.

10.3. Retention of title clause

In the event of non-payment by the Customer of all or part of the price of the order, TERRE D'ÉTÉ reserves, until full payment, a right of ownership over the products sold, allowing it to take back possession of said products. .
Any deposit paid by the Customer will remain acquired as a lump sum compensation, without prejudice to any other actions that it would be entitled to bring as a result against the Customer.

Article 11- Right of withdrawal

In accordance with the law, the customer has a period of 14 days from the date of receipt of the package (or in the event of an order for several items delivered separately, from the date of receipt of the last article) to inform the Company of its decision to withdraw for any reason.
The item (s) must be returned within 14 days from the date on which the customer has informed the Company of their decision to withdraw.
Returns must be made in their original condition and complete (with packaging and accessories, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Items returned incomplete (box or pouch, warranty certificate), damaged or damaged will not be accepted.

The right of withdrawal is exercised in writing either according to the form attached hereto, via the following email address: contact.terredete@gmail.com, in which case an acknowledgment of receipt on a durable medium will be immediately communicated. to the Client by the Company, or by means of any other declaration, unambiguous, expressing the will to retract.
The refund will be made no later than 14 days from receipt of the item or proof of shipment of the item (if the proof of return is communicated before receipt of the item) according to the same method of payment. than the one used for payment, unless agreed by the customer and at no additional cost.

The refund or exchange will be made by the Company after checking the condition of the item.
In the event of withdrawal within the legal period, the refund covers the price of the item.
In addition, the cost of returning the item will not be reimbursed within the framework of the exercise of the right of withdrawal.

Article 12 - LEGAL GUARANTEES

The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,

The legal guarantee of conformity, for apparently defective or damaged Products
or damaged or not corresponding to the order,
the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer:

- has a period of two years from the delivery of the goods to take action against the Seller;

- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
The Customer may decide to implement the warranty against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of three days from the delivery of the Products or of the discovery of hidden defects within the deadlines mentioned above. above and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days following the finding by the Seller of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account or by check sent to the Customer.

Seller's liability shall not be incurred in the following cases:

- non-compliance with the legislation of the country in which the products are delivered which it is up to the Customer to verify,

- in the event of misuse (perfume or chlorine or any corrosive product on the jewel), of use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, d accident or force majeure. The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Article 13 - DATA PROCESSING AND FREEDOMS

Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices. , especially.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Site meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and restriction of processing with regard to information concerning him by sending an e-mail to address: contact.terredete@gmail.com or a letter to: Company TERRE D'ÉTÉ, 635 Chemin des Mannes - 83240 CAVALAIRE-SUR-MER.

All of this data makes it possible, among other things, to offer personalized services, such as sending special offers by e-mail or post. If the customer does not wish to benefit from these offers, he can simply inform the company by e-mail at the address: contact.terredete@gmail.com or by mail to: Société TERRE D'ÉTÉ, 635 Chemin des Mannes - 83240 CAVALAIRE-SUR-MER.

Article 14 - INTELLECTUAL PROPERTY

All the elements, whether visual or sound, including the underlying technology relating to the www.terre-dete.fr site created by the Company are protected by intellectual property rights.
By connecting to the Site, the Customer or any User is prohibited from copying or downloading all or part of its content, except with the prior express authorization of the Company.

Article 15 - ARCHIVING - PROOF

The Company will archive purchase orders and invoices on a reliable and durable medium constituting a true copy, in accordance with the provisions of article 1379 of the Civil Code.
The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 16 - FORCE MAJEURE

The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.

Article 17 - APPLICABLE LAW, LANGUAGE AND COMPETENT JURISDICTION

By express agreement between the parties, these general conditions of sale are subject to French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not have been to be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom. Art. L612-1) or with existing sectoral mediation bodies, … Or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

APPENDIX 1 - Provisions relating to legal guarantees

Article L217-4 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. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code :
To comply with the contract, the product must:

Be fit for the use usually expected of a similar item 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 model
- present 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
Or have 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 L217-12 of the Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the goods.

Article L217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. 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.

Article 1641 of the Civil Code:
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.

Article 1648 paragraph 1 of the Civil Code:
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.

APPENDIX II: WITHDRAWAL FORM

Click on the following link to access the withdrawal form: Access the Form