TERMS & CONDITIONS
All orders on the Site are subject to these general terms and conditions of sale. These are likely to be subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. The present general conditions of sale are subject to French law, except for imperative provisions to the contrary such as those arising from the Rome Convention on the law applicable to contractual obligations of 19 June 1980.
1. VENDOR IDENTIFICATION
The present General Terms and Conditions of Sale are those of the company MEA AYAYA Société par actions simplifiées unipersonnelle au capital social de 1000 euros whose registered office is located at 11, rue Dupont des Loges 75007 Paris-France. Registered with the Paris Trade and Companies Register under the number: 878 712 371.
2. SUBJECT
The present general conditions of sale (hereafter the "General Conditions of Sale") exclusively govern the sales made on the online commercial site www.meaayaya.com (hereafter the "Site") of the products offered by the company MEA AYAYA to the buyers having the quality of consumers (hereafter the "Customer(s)") and specify the conditions of order, payment, delivery and management of the possible returns of the products ordered by the Customers.
The General Terms and Conditions of Sale are made available to Customers on the website www.meaayaya.com where they can be consulted directly.
The General Terms and Conditions of Sale are enforceable against the Customer who declares having read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.
MEA AYAYA reserves the right to modify its General Terms and Conditions of Sale at any time. In case of modification of the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in force at the date of validation of the order. It is therefore the Customer's responsibility to refer to them each time an order is confirmed.
3. THE CUSTOMER
The Products (hereinafter MEA AYAYA the "Products") are exclusively intended to be sold to final consumers who are natural persons or non-professional legal entity customers (hereinafter the "Customers"), to the exclusion of any resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that it is acting as a final consumer and that it does not intend to resell the Products for commercial purposes.
The client of the Site must be a consumer, a natural person of full age and legally capable. The customer must, at the time of his first order on the Site, open a customer account and fill out an order form specifying certain mandatory fields (delivery address, telephone ...) so that his order of products can be taken into account and validated by MEA AYAYA.
The information communicated to MEA AYAYA in the context of the opening of his customer account or at the time of each of his orders must be complete, accurate and up to date. MEA AYAYA may, if necessary, ask the customer for confirmation -by any means- of this information and of his identity.
In view of the commercial policy described above, MEA AYAYA reserves the right not to process orders from subjects that differ from the "Consumer" or orders that do not comply with its commercial policy.
4. THE PRODUCTS
4.1 Product description
The products offered for sale are those appearing on the Site on the day the Customer consults the Site.
The Site does not sell second-hand, defective or substandard products. Some of our pieces are unique.
We would like to draw the Customer's attention to the fact that the photographs illustrating our products may differ slightly from reality due to the Customer's screen settings and lighting during the shooting.
Moreover, as these are handcrafted creations, the articles may present irregularities in finish, differences in size and/or colour inherent to this type of manufacture which cannot be considered as major defects. The Company's liability cannot be called into question, and the validity of the order cannot be affected.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the Company. Customers may obtain additional information by contacting the Company's Customer Service Department by telephone.
4.2 Prices
The prices of the products sold on the Site are indicated in Euros, per item and reference and include all taxes (including VAT) excluding delivery costs. French VAT at the rate of 20% is MEA AYAYA applied. At the time the order is validated, the price to be paid by the Customer is the all-inclusive price, i.e. the sum of the all-inclusive price of the items that make up the order plus delivery costs. For all Countries with a delivery address in France and in all other countries belonging to the European Union or not (Switzerland) the products will be invoiced in Euros. The telecommunication costs inherent to the access to the site remain the responsibility of the Customer. Any order delivered outside of metropolitan France may be subject to possible local taxes, customs duties, dock dues and customs clearance fees at the time of delivery. Their payment is at your expense and is your responsibility. Please contact the competent authorities in the country of delivery for further information.
The selling price of the products can be changed MEA AYAYA at any time. This modification will be notified to the Customer before any order is placed.
5. ORDERS AND PRE-ORDERS
Any order placed on the Site constitutes express acceptance of the GCS and acceptance of the prices and products available for sale on the Site.
The order taking on the Site is subject to the respect of the procedure set up by www.meaayaya.com which is concretized by a succession of different screen pages indicating the steps that the customer must imperatively follow to validate his order. The jewels proposed by MEA AYAYA are produced only in very limited quantities in a laboratory in Sardinia. They will therefore be produced at the validation of the order (except certain references whose stock is available).
The Site offers part of its products in Pre-Order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of Article 1590 of the Civil Code. The delay for pre-ordered models may vary between 3 working days and several weeks depending on the product ordered and its specificities. The approximate lead times are specified in the product sheet.
After checking the content of his order, as well as the total cost of the order (products ordered, shipping costs, optional options), and correcting any errors, the Customer will confirm it definitively at the payment stage. This confirmation will be considered as the conclusion of the contract.
Once the contract has been concluded, the Company will send the Client, by e-mail, a confirmation of his order containing a summary of the information entered on the order form, as well as a link redirecting to a withdrawal form. The invoice for the order will also be provided as an attachment to the e-mail sent to the Customer.
MEA AYAYA reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if MEA AYAYA reasonably believes that such Customer has violated these GTC or has engaged in fraudulent activity, or for any other legitimate reason.
The languages available to conclude the contract with the meaayaya.com site are French and English.
6. TERMS OF PAYMENT
For the payment of the price of the products and shipping costs, the Customer will follow the terms and conditions indicated in the order form.
The Customer has the option of paying for his purchases by credit card or by PAYPAL. The accepted payment cards are : CB, MasterCard®, Visa®, American Express® and JCB®.
The price is payable in euros (€) exclusively. If the Customer's account is denominated in another currency, the payment amount in euros (€) will then be converted into the currency of the Customer's account at the exchange rate defined at the time of payment.
Any exchange costs resulting from a conversion of foreign currency into euros will be charged to the Customer. The Customer is invited to contact his bank to find out the exchange rates and charges in force.
During payment, the bank requests personal information from the Internet user in order to verify the identity of the cardholder and to validate the transaction. The Customer must provide his or her bank card number, depending on the type of card, its expiry date and the cryptogram number (a 3-digit number appearing on the back of the bank card).
The Client guarantees to the Company, when validating its order form, that it is in good standing with the issuer of the payment card.
The financial information will be transferred by means of a cryptographic protocol to PAYPAL or other banks providing services related to remote electronic payment, without third parties being able to access it under any circumstances.
7. DELIVERY AND DELIVERY TIMES
As a reminder, the jewels offered by MEA AYAYA are produced only in very limited quantities in a goldsmith's laboratory in Sardinia. Therefore, it is possible that the piece that the Customer wishes to purchase is not in stock although the mention "Add to basket" is displayed on the Site. In this case, the Customer will be notified and the piece will be made on request especially in the laboratory.
The Customer's attention is therefore drawn to the fact that shipping times may vary by a few days.
We strive to reduce this delay as much as possible and invite the Customer to contact our customer service to know the availability in real time of the products MEA AYAYA.
The place of delivery must be located in metropolitan France (including Corsica), Switzerland or one of the countries of the European Union.
Any delivery address outside these territories will be refused during the ordering process. If the Customer lives outside these territories, he may choose to collect his order from the Showroom MEA AYAYA located at 11, rue Dupont des Loges 75007 Paris, specifying this address. Otherwise the order will be cancelled.
The products ordered by the Customer on the Site in accordance with the GCS will be delivered to the address indicated by the Customer as the delivery address when ordering.
MEA AYAYA ne saurait être tenue pour responsable de retards de livraison en raison d'erreurs ou de perturbations imputables aux transporteurs (y compris notamment en cas de grève totale ou partielle notamment des services postaux et moyens de transport et/ou communications).
Delivery times are indicative as communicated by the carriers.
The Customer chooses the delivery method proposed on the Site. The costs and delivery times vary according to the country and delivery service chosen.
If the product is in stock, all orders placed before 2 p.m. (French time - GMT+1), from Monday to Friday excluding public holidays, are prepared and delivered to the carrier the same day.
If the order is placed and validated after 2pm (French time - GMT+1), an additional working day will be required for delivery.
If the product has to be manufactured the jewel will be delivered within 3 to 6 weeks.
Colissimo, TNT, DHL and UPS delivery according to delivery zones.
8. RIGHT OF WITHDRAWAL AND TERMS OF RETURN
Pursuant to Articles L.221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from the date of delivery of the Order to exercise his right of withdrawal on his Order. This period starts from the date of receipt of the Products by the Customer.
The Customer must attach to his withdrawal request a copy of the invoice or any other element allowing the identification of the Order in question and its holder.
Only the Customer identified as such to MEA AYAYA can exercise this right, to the exclusion of any other person, in particular the person receiving the delivery (for example in the case of a gift).
The customer may also contact customer service by e-mail: [email protected] for further information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty ...) accompanied by the invoice and a word of explanation recalling the details of the customer and his desire to receive a refund or a credit note, to the following address:
Shipping costs related to the return of products remain the responsibility of the customer unless the product received is not in conformity or has a manufacturing defect. Possible customs charges related to the return of products from a foreign country are also at the customer's expense.
MEA AYAYA strongly advises its customers to return the products by Colissimo or Lettre Max. The customer also has the possibility to choose the carrier of his choice. On the other hand, the return costs as well as the related risks are the responsibility of the customer. It is therefore recommended that the customer provides proof of this return, which implies that the products are returned with tracking, or by any other means giving a certain date.
The right of withdrawal - in addition to compliance with the time limits and procedures described in the previous points - shall be deemed to have been correctly applied if the following conditions are fully complied with:
After receipt and verification of the products returned by the Customer, the Company will refund the payments received within fourteen (14) working days and in the event of return of a global order (all the products ordered in a single order) the delivery costs.
The delivery costs will be refunded on the basis of the standard delivery method (the most economical). If the Customer has chosen another delivery method than the standard delivery method, the additional costs charged will not be refunded.
- However, we will only accept the exchange and refund of jewellery if all the following conditions are met:
In the event that the return of the product by the Client is due to an error by the Company such as a product missing from the order or a product received that does not conform or a manufacturing defect in the product, the Company undertakes to reimburse, in addition to the purchase price of the product, the shipping costs incurred by the Client for the delivery of the product.
The Customer must report the error by e-mail to [email protected] within 48 hours of receipt of the order.
No refund can be made to the Customer who has not exercised his right of withdrawal under the conditions of this article.
Upon receipt of the returned product, the refund will be made according to the will of the buyer in the form of a credit note valid for 6 months on the Site or a refund credited directly to his bank account depending on the method of payment used when ordering.
Refunds will be made within 14 days of receipt of the products by us.
9. REPAYMENT TERMS AND CONDITIONS
If the right of withdrawal is exercised in accordance with the terms and conditions indicated above, MEA AYAYA will do what is necessary to reimburse any sums already collected for the purchase of the products within fourteen days after receipt and verification of the condition of the products.
In the event that there is no correspondence between the recipient of the products indicated in the order form and the one who made the payment of the sums due for the purchase, the refund of the sum, in case of exercise of the right of renunciation, will be made by MEA AYAYA in any case, towards the one who made the payment.
The refund will be made on the same medium as that used when purchasing the products, i.e. the customer's credit card. The refund will be made in EUROS. If the Customer's initial account is in a currency other than EURO, the refund amount will be converted into the currency of the account.
Customer with a conversion rate applied that will be the effective rate at the time of refund and not at the time of purchase.
The exchange costs borne by the Customer at the time of his initial purchase shall remain at his expense and may not be reimbursed by the Operator.
10. LEGAL GUARANTEES
10.1 Legal provisions
When acting under a legal guarantee of conformity, the consumer has a period of two years from the delivery of the good to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code; except for second-hand goods, he is exempt from proving the existence of the lack of conformity of the good during the six months following delivery of the good, a period extended to 24 months from 18 March 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;
10.2 Legal guarantee of conformity
According to Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to answer for any defects in conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, if the defect appeared within 24 months after this date (or within 6 months if the order took place before March 18, 2016 or if the Product is sold second-hand), it is presumed to meet this condition. However, in accordance with Article L.217-7 of the French Consumer Code, "the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked".
On the other hand, after this 24-month period (or 6 months if the order was placed before March 18, 2016 or if the Product is sold second-hand), it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
In accordance with article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair or replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
10.3 Statutory warranty against hidden defects
According to articles 1641 to 1649 of the French Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were present prior to the purchase (and therefore did not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known about the defect).
Claims, requests for exchange or refund for a nonconforming Product must be made by post to : MEA AYAYA11 rue Dupont des Loges 75007 Paris or by e-mail : contact@meaayaya.com .
In case of non-conformity of a delivered Product, it may be returned to the Seller who will proceed to its exchange. In the event of impossibility of exchange of the Product (obsolete Product, out-of-stock condition, etc.) the Customer will be refunded by cheque or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costscosts of returning the Product) shall then be borne by the Vendor.
11. INTELLECTUAL PROPERTY
All documents, text information, graphics, images, photographs or any other content published on the Website www.meaayaya.com are the exclusive property of MEA AYAYA. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express authorisation of the publication director.
MEA AYAYA is the owner of all intellectual property rights (with the exception of the moral rights of the authors) relating to the Products and to the trademarks and distinctive signs under which the Products are marketed.
The Customer acknowledges without reservation as such the intellectual property of MEA AYAYA and undertakes not to prejudice it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights relating to the Products and the brands belonging to MEA AYAYA.
12. PERSONAL DATA
The Customer is informed that the data he provides on the Website are subject to various automated processing of personal data.
In application of the law n°78-17 of January 6, 1978 relating to data processing, data files and liberties, it is reminded that the personal data collected from the Customer is necessary for the processing of his order. They may also be used for canvassing purposes. The purposes of each processing operation are described in relation to the processing concerned.
This data is intended for internal use by MEA AYAYA. These personal data may also be transmitted to third parties, partners of MEA AYAYA unless the Customer has objected at the time of collection of the data concerning him/her.
The Customer's personal data are kept for the time strictly necessary to achieve the purposes of each of the treatments envisaged by MEA AYAYA.
The Customer has the right to access, modify and oppose the processing of data concerning him/her by contacting customer service by email at contact@meaayaya.com.
13. MAJOR STRENGTH
"Force Majeure" means all external, irresistible and unforeseeable circumstances beyond the reasonable control of the party suffering a Force Majeure event.
In the event that would MEA AYAYA be prevented or delayed by a case of force majeure in the execution of its commitments, MEA AYAYA undertakes to inform the Client within 72 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or the impediment. MEA AYAYA will then be released from the responsibility related to the non-execution or the delay in the execution of its obligations, but commits itself to use its best efforts to resume the full execution without delay. In such a case of force majeure, MEA AYAYAwill have the discretion to cancel the order or any part of it, without any liability commitment, at the expense however of reimbursing the Client for the sums already paid. In no way, the Customer can invoke a case of force majeure to free himself even temporarily from an obligation to pay a sum of money.
14. DISPUTE RESOLUTION AND APPLICABLE LAW
Sales concluded with MEA AYAYA through the website www.meaayaya.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Failing this, all disputes to which the present contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
15. HYPERLINKS
The hypertext links available on the Site may refer to third party sites not edited by the Operator. They are provided solely for the Customer's convenience, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and then agrees to use the third party sites at his own risk or, where applicable, in accordance with the conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the terms of use and/or the content applying to or appearing on these third party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
In addition, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the terms of use and/or content of these third party sites.
The Site may also contain promotional hyperlinks and/or advertising banners referring to third party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site that would allow access to a third party site offering content that is contrary to the law and/or morality.
The Client may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case-by-case basis.