GENERAL TERMS OF SALE GOVERNING ONLINE SALES
Recitals
Ymer et Malta SARL, a simplified joint-stock company with a capital of 480 000 euros, headquartered at 44, rue La Condamine 75017 PARIS, and registered with the trade and companies register in PARIS, with VAT identification number FR 72410881932 and telephone number 01 53 42 34 20, the activity of which is the manufacture and sale of products conceived by YMER&MALTA, has decided to create an online sales network on the internet site www.ymeretmalta.com (hereafter referred to as the “Website”) for some of its products (hereafter referred to as “Products”).
Article 1 – Objective
The General Terms of Sale herein apply to the sale of all Products between YMER&MALTA and any non-commercial internet user making a purchase on the Website (hereafter referred to as the “Customer”). The use of the online sales process described in the General Terms of Sale herein is reserved exclusively for those consumers who are solely acting on their own account.
Before confirming his/her order, the Customer must accept the General Terms of Sale herein which he/she hereby declares to have read by clicking where indicated. The confirmation of the Customer’s order entails the latter’s full and unconditional acceptance of the General Terms of Sale herein, to the exclusion of all others and, in particular, those in effect at YMER&MALTA.
Article 2 – Products
The list of Products offered by the YMER&MALTA in the framework of its online sales operations may be consulted on the website. The Products are described and presented (wording, characteristics, price) with the highest degree of accuracy possible.
Nevertheless, it is possible that the photographic representation of a Product may not correspond exactly with the one that will be delivered, given the artisanal nature of the Products’ manufacture and/or the natural character of certain materials. The photographs and descriptions of the Products are only indicative and are in no way binding on YMER&MALTA.
YMER&MALTA reserves the right to add and/or remove Products and/or modify the presentation of its Products at any time, without any specific formality vis-à-vis the internet users.
Article 3 – Price
3-1
Product prices are quoted in euros and exclude shipping fees which, unless otherwise indicated, remain the responsibility of the Customer. The costs of delivery are disclosed to the Customer before confirmation of the order.
During delivery, the Customer will receive written confirmation outlining the price(s) of the Product(s) the amount paid, and where applicable, the shipping costs that will be at the Customer’s charge.
3-2
Product prices include all the relevant sales taxes unless otherwise indicated. In the case of exports outside the European Union the quoted prices do not include taxes. The Customer may be subject to potential taxes and/or import duties YMER&MALTA has no control over such expenses in which the tax base and criteria vary from one country to another. The Customer is advised to contact the local customs office for further information before placing any order.
Article 4 – Ordering Products
4-1 Placing an order
The Customer has the means to purchase a Product online by completing certain required fields on the online order form. The Customer must identify himself/herself, provide a delivery address and choose the preferred method of delivery and payment.
Any order constitutes acceptance of the price and the description of the products.
The Customer will have the opportunity to verify the details of the order as well as the total price and, where applicable, to correct any errors before confirming the order and expressing his/her acceptance. The Customer’s definitive acceptance is confirmed by the payment of the order.
4-2 Confirmation of the order
Once the Customer has validated an order he/she will be notified by e-mail that the order has been received. The e-mail will include:
- An order number;
- Information about the products ordered;
- And a summary of the Customer’s personal details, including the shipping address.
The sale will only be considered definitive once the applicable banking authorizations have been completed and after YMER&MALTA has sent the Customer an order confirmation by e-mail specifying the shipment of the Products and the projected delivery time. Only Products that are dispatched will be debited.
4-3 Cancellation and rejection of the order
YMER&MALTA undertakes to honour the orders it receives within the limits of available stocks. In the event that the ordered Product is not available, YMER&MALTA will notify the Customer by e-mail. The order for the specific Product in question will be cancelled, however, the remainder of the order will remain firm and definitive.
If possible, YMER&MALTA may offer to manufacture the sold-out Product for the Customer. In which case, the Customer will receive an estimate and will henceforth be subject to the General Terms of Sale of YMER&MALTA and not the General Terms of Sale herein.
YMER&MALTA will be within its rights to cancel the online purchasing process if, for whatever reason, it proves impossible to debit the monies owed by the Customer. It will also be within its rights to reject any order placed in error or bad faith or any order from a Customer who has not settled a previous order in full or in part.
Article 5 – Terms of payment
5-1 Method of payment
Customers may pay for their purchases with Visa, MasterCard or American Express bank cards only. Customers must provide the card number, the expiration date as well as the three-digit security code on the back of the card. All transactions are processed in a secure environment.
Any additional charges associated with the use of a foreign bank card on the website will be the sole responsibility of the Customer.
5-2 Verification of banking data
Upon confirmation of the order, the Customer guarantees YMER&MALTA that he/she is the legitimate bearer of the bank card and that the name appearing on it is his/her own. All purchases made on the website are secure and protected. The website uses a 3D secure type of payment system which ensures the highest degree of protection for the data provided and which requires numerous verifications to prevent fraud or misuse.
YMER&MALTA reserves the right to cancel any online purchase if, during a bank card’s verification phase there appears to be a risk that the card is being used fraudulently; or if the purchasing transaction is declined by the bank or any other accredited institution.
Article 6 – Delivery
6-1 Method of delivery
The Customer may consult the shipping prices on the website, on the understanding that all shipping fees will remain at the Customer’s own expense.
6-2 Place of delivery
The list of countries where YMER&MALTA delivers is available on the following table.
Products are delivered to the address specified by the Customer during the online purchasing process. The Customer is responsible for ensuring that the order is correct. In the event that the Customer provides an erroneous delivery address, the shipment will be returned “NPAI” (“Does not live at the address indicated”). In such a case, the Customer will be reimbursed for the entire order at the price billed, except for the shipping charges which will remain the sole responsibility of the Customer.
The ownership of the Product and the liability associated with it becomes the responsibility of the Customer at the moment when the Product is sent to the Customer, except when the Customer provides an erroneous address in which case liability will remain the Customer’s until the product is returned to the premises of YMER&MALTA.
6-3 Delivery time
Delivery within the European Union:
The delivery of all ordered products will be expedited in the timeframe outlined by YMER&MALTA, according to the following table and, in all cases no later than 45 days following the date of the order, on condition that the order is paid for in full.
In the event that the products are not received, the Customer has 60 days from the 45-day delivery deadline to request, by registered letter addressed to:
YMER&MALTA.
44, rue la Condamine 75017 PARIS
for the cancellation of the sale and the refund of all monies paid. The amount paid by the Customer will then be refunded in full within the 14 days following the cancellation of the order, except in the case where the Customer provides an erroneous address.
Failure to respect the aforementioned deadline and the formalities associated with contesting an undelivered order will negate any claims by the Customer.
Deliveries outside the European Union:
Shipping times may be longer due to customs formalities. YMER&MALTA has no control over the latter.
Article 7 – Cancellation and return of the Products
7-1 Right of withdrawal
Customers can exercise their right of withdrawal without offering any justification within a maximum of 14 (fourteen) days from the receipt of the product(s) ordered. However, the right of withdrawal does not apply to the following products for reasons of hygiene: earrings for pierced ears if they have been opened or unsealed by the Customer.
In any event, only Products that have been returned in their original, unopened packaging will be accepted.
All Products that are returned incomplete, damaged, or in any other state that would lead anyone to reasonably believe that they have been used and/or worn, will not be refunded or exchanged and will be sent back to the Customer.
7-2 Exercising the right of withdrawal
Customers must notify YMER&MALTA of their decision to withdraw via a clearly-worded declaration by e-mail to vm@ymeretmalta.com or by registered letter with acknowledgment of receipt.
7-3 Procedure for returning products and receiving a refund
In the 14 days following the Customer’s decision to withdraw from the contract, the Customer must return the Products concerned to the following address:
YMER&MALTA
44 rue La Condamine
75017 Paris
The return shipping costs of the products will be the sole responsibility of the Customer, as will any taxes and/or excise duties that the Customer will potentially have to pay, except in the case of more favourable national provisions.
It is the Customer’s responsibility to provide the necessary proof that the Products have been returned, which assumes that the Products have been returned by registered mail or any other means providing a guaranteed date of reception. All charges and liabilities associated with the return of the Product remain the sole responsibility of the Customer.
Where applicable, the Customer will be reimbursed for the entire cost of the order, including the standard delivery costs (namely, the least expensive shipping method offered by YMER&MALTA) within a maximum of 14 days following the receipt of all the returned products in question YMER&MALTA.
Refunds will be processed using the same method of payment chosen by the customer during the initial ordering process.
Article 8 – Compliance – Guarantee
8-1 Lack of compliance
Upon delivery, it is the Customer’s responsibility to check the state of the Products and their compliance with the order. In the event that the delivered articles are not in compliance with the order, the Customer should return the products in question under the conditions provided under article 7 of the General Terms of Sale herein.
The non-restitution of the ordered products by the Customer within the period proscribed in article 7 of the General Terms of Sale herein covers any apparent lack of compliance.
8-2 Legal guarantee of compliance and warranty against hidden defects
YMER&MALTA guarantees the compliance of the contracted goods, allowing the Customer to file a request under the terms of the legal guarantee of compliance provided for under articles L211-4 et seq. of the French Consumer Code or the warranty against hidden defects of an item sold as defined in articles 1641 et seq. of the French Civil Code.
In the event that the legal guarantee of compliance is invoked, it should be noted that:
- The Customer will have up to 2 years from the delivery of the goods to act;
- The Customer may choose between the repair or the replacement of the goods, subject to the cost conditions provided for under article L211-9 of the French Consumer Code;
- The Customer is exempted from having to prove the lack of compliance of the goods in the 6 months following the delivery of the goods;
- The legal guarantee of compliance applies independently of any other commercial warranty that may have been agreed to.
In the event that the warranty against hidden defects of an item sold is invoked as defined under article 1641 of the French Civil Code, the Customer may choose between the cancellation of the sale or a reduction in the sales price in accordance with article 1644 of the French Civil Code.
Article 9 – Customer relations department
For any information, claims or questions relating to the General Terms of Sale herein or to the products, the Customer may contact YMER&MALTA by e-mail at the following address: vm@ymeretmalta.com
Article 10 – Protection of privacy and personal data
YMER&MALTA is committed to respecting the strictest confidentiality as to the identity of its customers.
The Customer is informed that the personal data supplied to YMER&MALTA in the context of an order will be stored solely to ensure the successful completion of the order and to facilitate invoicing and the management of business relations.
In accordance with the French Data Protection and Freedom of Information law of January 6, 1978 and amended by the law of August 6, 2004, the Customer is entitled to access, make corrections to, delete, or object to any personal data concerning him/her. The Customer may exercise his/her rights by writing to the headquarters of YMER&MALTA
Article 11 – Intellectual property
All elements of the website, be they visual or audio are the exclusive property YMER&MALTA, with the exception of press releases and product images realised for a third party.
The products of YMER&MALTA, their names as well as the trademarks used by YMER&MALTA are also its exclusive property and as such are protected by French and International laws and regulations. Any reproduction, representation and/or adaptation of the website, its brands, names and/or models in any form whatsoever is strictly prohibited. Failure to respect the rights of YMER&MALTA constitutes an act of infringement and/or unfair competition which is subject to criminal and civil penalties under the laws currently in force and may result in the attribution of damages and interest.
The Customer acknowledges that he/she is also forbidden from passing on any information to a third party that may result in the full or partial reproduction of the models which could make him/her guilty of contributory infringement.
Article 12 – Force majeure
In the event of force majeure or an act of God, YMER&MALTA will suspend the execution of all or part of its obligations.
This includes, but is not limited to, natural disasters such as earthquakes, fires, storms, floods, the interruption of means of transport or the means of supply, an embargo on exports and imports, and the suspension of telecommunication networks.
In the event of an incident that is classed as force majeure or an act of God, YMER&MALTA will inform the Customer, if possible, within 7 days of the incident occurring. If such a suspension lasts longer than three months, the Customer will be able to cancel his/her order and be credited with a refund.
Article 13 – Applicable law and language of reference
13-1 Applicable law :
The General Terms of Sale herein are subject to French law, except in the case of more favourable national provisions concerning public policy.
13-2 Jurisdiction
Any dispute or conflict between YMER&MALTA and a Customer which cannot be resolved amicably will fall within the sole jurisdiction of the Paris courts, even in the case of a plurality of defendants or the introduction of third-party claims, except in the case of more favourable national public policy provisions.
A Customer residing in a country of the European Union will have the choice of instituting his/her action before the courts in Paris or before the courts in the Customer’s home country.
13-3 Contractual language
The language of reference for the General Terms of Sale herein is French.
Article 14 – Miscellaneous provisions
If one of the clauses of the General Terms of Sale herein is cancelled, the remainder will remain in force.
YMER&MALTA reserves the right to amend the General Terms of Sale herein from time to time. Such changes will take effect as soon as they are published online.