GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
1. Legal notices
Site (hereinafter “the site”) :
NEIJE.COM
Publisher (hereinafter “the Publisher”) :
NEIJE whose head office is located at 10 rue de la Paix 75002 Paris - France, represented by Myriam Bober, registered in the Paris trade and companies register under number 44923922700035 - Email address: hello@neije.com
Host (hereinafter “the Host”) :
Neije.com is hosted by Shopify Inc whose head office is located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.
The General Conditions of Sale apply only to orders for Products placed on the NEIJE online store by natural persons of legal age who have the capacity to enter into a contract and meet the definition of consumer, within the meaning of the Consumer Code (hereinafter the “ Customer ”).
The Customer acknowledges having read the General Conditions of Sale at the time of placing the order and at the latest at the time of validation of the order.
Customer Service
For any questions or complaints relating to an order placed on the NEIJE online store, the Customer can contact Customer Service (hereinafter the “ Customer Service ”) by email at the following address: hello@neije.com
- Scope of application of these General Conditions of Sale
The General Conditions of Sale are subject to modification at any time by the Seller. The applicable version is the one in force at the time of validation of the order by the Customer, which is carried out by the payment of the order by the Customer as confirmed by the order confirmation email.
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Product Information
The Products offered by the Seller are those appearing on the NEIJE online store.
When browsing the NEIJE online store, the Customer can access the description of each Product (in particular the name of the Product, its reference, its price, its color, its composition and, where applicable, the special collection to which it belongs).
As stated on all Product pages as well as the size guide page, the natural nature of our pearls means that their diameter may vary. The measurement of all Products may naturally be up to one centimeter longer or shorter than indicated for necklaces and bracelets.
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Ordering process and conclusion of the sales contract
Ordering process
To select the Products he wishes to purchase, the Customer must click on the "Add to Cart" button on the Product sheet. By clicking on the "cart" icon on his screen, the Customer has the possibility to check the contents of his cart, as well as the prices and characteristics of the Products added to his cart. He can then finalize his order by clicking on "Proceed to payment".
Tailor-made service
During the ordering process, the Customer may choose to subscribe to the “custom” service, which allows them to choose the exact size, expressed in centimeters, of their Product, for an additional cost of 20 euros (or the equivalent in another currency), as specified at the time of ordering. NEIJE reserves the right to refuse at its sole discretion any non-compliant request. The Customer’s order will then be cancelled and refunded within seven (7) working days. By way of derogation from Articles 8 and 9 hereof and subject to the applicable legal guarantees of conformity, “custom” Products being personalized Products, they cannot give rise to exchange and/or refund and cannot be the subject of a request for withdrawal.
Conclusion of the sales contract
To finalize his order, the Customer, after having checked the content and price of the Products in his order:
- accepts the General Conditions of Sale as well as the Confidentiality Policy, this acceptance being essential for the conclusion of the sales contract,
- choose the delivery methods for your order, where applicable after having read the delivery times and prices for each of the delivery methods offered, indicated on the page;
- select the payment method chosen from the payment methods offered.
The Customer must then proceed to payment. By finalizing his payment, the Customer agrees to be bound to the Seller by a sales contract and acknowledges consenting to pay the amount of the order placed on the NEIJE online store. Any validation of the order by the Customer constitutes express acceptance of the General Conditions of Sale by the Customer without any restriction or reservation.
Order confirmation
The Seller confirms by email, to the address indicated by the Customer when placing the order and as soon as possible, the correct receipt of the order placed by the Customer. The confirmation email includes a summary of the order placed by the Customer as well as a reminder of the General Conditions of Sale applicable to the sales contract.
Modification and cancellation of the order
Once the Customer has validated the order, he can no longer cancel or modify the order.
Please note that the Seller reserves the discretionary right to cancel or refuse excessive orders from a Customer.
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Product Availability
The Seller makes every effort to ensure that the Products offered on the NEIJE Online Store and ordered by the Customer can be delivered. However, for technical reasons specific to distance selling, it may happen that the Products chosen by the Customer are no longer available when the Seller confirms the order. In this case, the order will be cancelled and the Customer will be automatically reimbursed for the amount of the price of the Product concerned, as well as the delivery costs if the order did not contain any other Products. If only part of the Products ordered by the Customer are unavailable, the other Products will be delivered to him and the Customer will be reimbursed for the amount of the missing Product(s) that are not available.
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Payments
Product Prices
The currency and price are mentioned on the Product page of the online store as well as in the “Shopping Cart” and throughout the ordering process.
The price of the Product does not include any possible delivery costs, which are indicated to the Customer when ordering during the order validation process and before confirmation by the Customer of the order.
Payment obligation of the order
The Customer is informed and acknowledges that by placing an order on the NEIJE Online Store, he undertakes to pay the Seller the full amount of the order at the time of validation of the order and declares that he has the capacity and means necessary to honor it.
Payment methods and security
The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by all necessary means.
The Operator uses online payment solutions by Bank Card & Paypal.
Orders can be paid using the following payment method:
Payment by credit card: Payment is made directly on the secure banking servers of the Operator's bank; the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of payment by the bank.
The Customer's account will be debited with the corresponding amount only when (I) the details of the bank card used have been verified and (II) the debit has been accepted by the bank that issued the bank card.
Failure to debit the amounts due will result in immediate cancellation of the sale.
Payment by electronic wallet (Paypal type): The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order securely without providing his bank details.
Where applicable, the order validated by the Customer will only be considered effective when the secure banking payment center has given its approval to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purposes than these.
Retention of title
The Products ordered by the Customer remain the property of the Seller until full payment of the amount of the order for the Products (delivery costs included).
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Delivery of orders
Delivery location
Products ordered from the NEIJE online store can be delivered in France and internationally.
Deliveries are made to the address indicated in the order form. Orders are sent with tracking number.
Shipping and Delivery
Delivery times are generally 3 to 4 days.
The shipping costs are those specified when finalizing the order and are accepted by validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been previously refused.
However, if one or more Products cannot be delivered within the time initially announced, the Operator will send an email indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to the Customer to check that this address does not contain any errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.
Delivery tracking
The Customer receives an email to confirm the shipment of the order and to provide the tracking link which will allow them to locate the package.
Delay in delivery
In the event of a delay in the delivery of the order compared to the time indicated by the Seller, the Customer may formally order the Seller to make the delivery within a reasonable additional time in accordance with the following terms:
- by email addressed to: hello@neije.com
In the absence of delivery within the reasonable additional period expected, the Customer has the option of cancelling the order with the Seller and terminating the sales contract under the same terms, namely:
- by email addressed to: hello@neije.com
The contract is considered terminated on the date of receipt by the Seller of the written notice informing it of the termination. If delivery has taken place in the meantime, the contract will not be considered terminated. When the delivery time constitutes an essential condition of the sales contract for the Customer, the Customer may immediately terminate the sales contract in accordance with the above terms, without requiring the Seller to make the delivery within a reasonable additional period. The decisive nature of the delivery time may result from the circumstances expressly surrounding the conclusion of the contract. If delivery takes place in the meantime, the order must be returned in its entirety to the Seller and the Customer will be reimbursed for the amount of the order and the return costs in accordance with the reimbursement terms set out in these General Terms and Conditions of Sale.
Delivery difficulties
In the event of an error in the address indicated by the Customer for delivery or if for any reason delivery is not possible, the package will be returned to the Seller and the order will be cancelled. The Customer will be reimbursed for the amount of the order, excluding delivery costs which will remain the property of the Seller. The Seller shall not be liable in the event of a delay in execution or failure to execute resulting from an external and unforeseeable event at the time of the order, such as in the event of war, acts of terrorism, strikes, national or local states of emergency, transport failure, power or service outages, pandemics, earthquakes or other natural disasters. In this case, the Seller shall not be liable and no refund may be made to the Customer; the sums paid shall remain the property of the Seller.
Order compliance and reservations
If the Products received by the Customer do not correspond to those ordered or in the event of an order received incomplete or damaged during transport, it is the Customer's responsibility to issue reservations and contact Customer Service to inform them of the difficulties encountered within 48 hours of delivery of the Products. In the absence of reservations within the aforementioned period of 48 hours, the delivery will be deemed to be compliant.
Transfer of risks
The risks of loss and damage to the Products ordered are transferred to the Customer at the time when the latter, or a third party designated by the latter, other than the carrier, takes physical possession of the order.
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Right of withdrawal
The Customer has a period of 14 days from the day after the date of receipt of the Product or Products (by him or by any third party designated by him other than the carrier) to inform the Seller of his wish to exercise his right of withdrawal , without having to provide a reason.
The 14-day period begins on the day after delivery of the order. If this period expires on a Saturday, Sunday or public holiday, it is extended to the first working day.
If this is an order for several Products delivered separately or if this is an order for a Product made up of several lots or multiple parts whose delivery is staggered over a defined period, the period starts from receipt of the last good or lot or the last part.
The right of withdrawal cannot be exercised on personalized Products, in particular linked to the use of the “custom” function available on the Product pages.
Terms and conditions for exercising the right of withdrawal with Customer Service
To exercise his right of withdrawal, the Customer must:
- within 14 days of receipt of the Product, inform the Seller of his/her decision to withdraw by sending an email to the Seller at the following address: hello@neije.com, making a declaration expressing his/her wish to withdraw and indicating his/her surname, first name, address and order number, as well as the references of the returned Products;
- at the latest within 14 days following notification of the decision to withdraw, return the Products concerned, in perfect condition and in their original packaging. Failing this, the Seller reserves the right to refuse the return of the Products. The Customer must post the Product(s) in their complete original packaging, in new condition and unworn to the address that will be communicated to him by Customer Service.
NEIJE reserves the right to refuse the return of damaged items (missing or broken beads or parts, scratches, indelible marks or stains or any other sign of wear on the Product).
NEIJE does not cover the shipping costs and any customs duties and taxes for the return. We recommend that you use a tracked return method to ensure its proper reception in our workshop. NEIJE declines all responsibility regarding the tracking or any loss of Products returned by the shipping service used.
The Customer will be informed by email to the address provided when ordering of the correct receipt by the Seller of the returned Products and of the handling of the return within a maximum period of ten (10) working days from receipt. Upon validation of the return, a credit note for the value of the Product(s) initially purchased and valid for twenty-four (24) months from validation of the return will be offered to you, usable on the NEIJE online store.
For any questions relating to the return of one or more Product(s), the Customer is invited to contact Customer Service at the following address: hello@neije.com
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Exchanges
No exchange requests will be taken into account. We invite you to make a return and order a new item.
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Legal guarantees
The Customer benefits from the following guarantees for any Product purchased on the NEIJE online store:
- a two-year guarantee of conformity, provided for in Articles L.217-4 to L.217-13 of the Consumer Code; and
- a two-year guarantee relating to hidden defects in the item sold, provided for in Articles 1641 to 1649 of the Civil Code.
In order to facilitate the implementation of these guarantees, the Customer must keep the order confirmation and/or the invoice for the Product.
Any defect, breakage, deterioration of the Product resulting from incorrect use of the Products by the Customer may not give rise to activation of one of the legal or commercial guarantees. In this regard, it is recalled that the oxidation of 925 silver parts is a natural phenomenon, accelerated by the contact of the metal with agents such as perfume, sea air, sulfur, care creams, hairspray, chlorine and the degree of acidity of the skin. It is advisable to adapt the use of the Products accordingly. It is also advisable not to wear NEIJE Products during sports activities or while sleeping and to keep them in their original pouch.
The guarantee of conformity
A Product is compliant if it is suitable for the expected use, corresponds to the description given by the Seller and has the qualities that the Customer can legitimately expect in light of the Seller's statements.
In the event of a lack of conformity of the Product upon delivery, the Customer may choose between repair or replacement of the Product. However, if this choice entails a disproportionate cost given the value of the Product, the Seller is not required to respect this choice.
If repair or replacement of the Product is not possible, the Customer may choose to return the Product and be reimbursed, or keep the Product and be reimbursed for part of the purchase price of the Product.
Defects appearing within twenty-four months following delivery of the Product are presumed to exist at the time of delivery, unless the Seller provides proof that this presumption is not compatible with the nature of the Product or the lack of conformity invoked.
For information purposes, the articles of the Consumer Code relating to the guarantee of conformity are reproduced in the appendix to these General Conditions of Sale.
To benefit from this guarantee, please contact us by email at contact@daïquiri.com describing the problem encountered, your order number and your email address. If applicable, we will then send you a prepaid return label so that you can return the defective Product to us.
Once we receive your Product, we will repair or replace it within 14 business days, subject to availability. We will also cover the cost of shipping the repaired or replaced Product. If we are unable to repair or replace the Product within a reasonable time, we will provide a full refund of the price paid for the Product (including shipping costs, excluding taxes).
The guarantee of hidden defects in the thing sold
In the event of a hidden defect in a Product making it unfit for use or reducing its use, the Customer benefits from the guarantee of hidden defects in the item sold and can choose between returning the Product and being reimbursed for its price and related costs, or keeping the Product and being reimbursed for part of its price.
For information purposes, the articles of the Civil Code relating to the guarantee of conformity are annexed to these General Conditions of Sale.
To benefit from this guarantee, please contact us by email at contact@daïquiri.com describing the problem encountered, your order number and your email address.
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Intellectual property
All elements and Products appearing on the NEIJE online store are protected by intellectual property rights, in particular copyright, trademark law, design law, patent law, as well as sui generis rights .
Any reproduction, representation, use, total or partial modification of these elements is prohibited.
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Personal data
As part of processing your order and customer relations, the Seller is required to collect and process the personal data of the Customer as well as that of the recipient of the order if different.
The Seller respects the confidentiality of this data and undertakes to comply with the Data Protection Act of 6 January 1978 when processing it.
The Customer is informed that his data may be used by the Seller or a third party designated by him to ensure the processing of his order, inform him of new products and promotional offers, competitions, etc.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, oppose, rectify and delete data concerning you. To exercise this right, we invite you to contact Customer Service, the contact details of which are given below.
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Independence of clauses
If one or more provisions of these General Conditions of Sale prove to be invalid, illegal or inapplicable, for any reason whatsoever, the validity of the other provisions of the General Conditions of Sale will not be affected and the other provisions will remain in force.
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Electronic evidence
By using an online sales service, you agree that all statements, notices, information and other communications will be transmitted to you electronically, unless there is a mandatory legal provision requiring the use of a non-electronic document. In the event of a dispute, the document stored in the Seller's computer system will prevail.
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Amicable settlement of disputes
In accordance with the provisions of Article L. 612-1 of the Consumer Code: "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
The professional may set up his own consumer mediation system or offer the consumer recourse to any other consumer mediator meeting the requirements of this title.
Where there is a consumer mediator whose competence extends to all companies in a field of economic activity to which he belongs, the professional always allows the consumer to have recourse to him.
The terms and conditions under which the mediation process is implemented are specified by decree in the Council of State.
Disputes falling within the scope of Article L.612-1 of the Consumer Code are disputes defined in Article L.611-1 of the Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Seller has appointed the Paris Mediation and Arbitration Center (CMAP) (the “ Mediator ”) as Consumer Mediator.
For any difficulty, the Customer is invited to contact Customer Service first and foremost in order to obtain a response and/or solution to the problem raised by email to the following address: hello@neije.com
Only complaints relating to the online sale of Products on the NEIJE online store will be taken into account.
Secondly, if the dispute could not be resolved despite the Customer's complaints to the Seller's Customer Service, the Customer may contact the Mediator via the following channels:
× via the form available on the CMAP website at www.mediateur-conso.cmap.fr , or
× by email to consommation@cmap.fr, or
× by post to the address CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris).
The dispute can only be examined by the Mediator if:
- a) the Customer has already attempted, in advance, to resolve your dispute with Customer Services by means of a written complaint in accordance with the procedures set out above;
- (b) The request is not unfounded or abusive;
- (c) The dispute is already being examined by another mediator or a court;
- d) The request was submitted to the Mediator within one year following the Customer's written complaint to the Seller's Customer Service;
- e) The dispute does not fall within the scope of the Consumer Mediator.
Regardless of the means used to contact the Mediator, the Customer's request must contain the following elements in order to be processed: their postal, telephone and email contact details as well as the name and address of the Seller, a brief statement of the facts, and proof of prior steps taken with the Seller.
European Dispute Resolution Platform
Either party may lodge a complaint on the dispute resolution platform set up by the European Commission, accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.show .
The Client may, at his own expense, obtain assistance from counsel.
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Authentic language and applicable law
The General Conditions of Sale of the NEIJE online store are written in French (the English translation is provided for information purposes only).
The General Conditions of Sale and sales made on the NEIJE online store are governed by French law.
In the event of a dispute relating to the formation, conclusion, validation, interpretation, execution, termination or consequences of the termination of the General Conditions of Sale, the Customer shall contact the Seller as a priority in order to find an amicable solution, notwithstanding its right to resort to an alternative method of dispute resolution or a conventional mediation procedure, by following the procedure detailed above.
In the event of a difficulty of interpretation between any of the clauses of the General Conditions of Sale and its title, the content of the clause shall prevail over its title.
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Non-waiver
The fact that either party does not claim the application of any clause of the General Conditions of Sale or acquiesces in its non-performance, whether permanently or temporarily, may not be interpreted as a waiver by that party of the rights arising for it from said clause.
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General conditions applicable to orders and promotional offers
The Seller reserves the right to apply specific limits to promotional offers such as sales, bundles, bonus sales, percentage discounts (with or without coupon) and free shipping.
APPENDIX 1 - Articles of the Consumer Code relating to the guarantee of conformity
Article L. 217-4
The seller delivers goods that conform to the contract and is liable for any lack of 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 this has been placed at his expense by the contract or has been carried out under his responsibility.
Article L. 217-5
The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-6
The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L. 217-7
Any lack of conformity that appears within twenty-four months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L. 217-8
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L. 217-9
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L. 217-10
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same option is open to him: 1° If the solution requested, proposed or agreed in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the latter taking into account the nature of the goods and the use he seeks. The sale cannot, however, be terminated if the lack of conformity is minor.
Article L. 217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L. 217-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.
Article L. 217-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
APPENDIX 2: Articles of the Civil Code relating to the guarantee of hidden defects
Article 1641
The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1642
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.
Article 1645
If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received for it, for all damages and interest to the buyer.
Article 1646
If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.
Article 1647
If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer.
Article 1648
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.