Terms of sale

TERMS AND CONDITIONS

We invite you to read our General Terms and Conditions of Sale ("GTC") before using our website, www.philia-paris.com and/or making a purchase. Please be aware that any online purchase implies full and complete acceptance of these T&Cs.

All orders on the site are subject to these general conditions of sale. These are subject to change and updates. The conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, except for mandatory provisions to the contrary such as arising from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.

1. IDENTIFICATION OF THE SELLER

The seller is:

Philia Esor, a simplified joint-stock company, with capital of €3,000, registered with the Paris Trade and Companies Register under number 898 271 747, whose registered office is located at 138 rue du Temple, 75003 Paris and manager the site www.philia-paris.com (hereinafter referred to as “the site”)

2. PURPOSE

These general conditions of sale (hereinafter the "General Conditions of Sale") exclusively govern sales made on the online commerce site www.philia-paris.com (hereinafter "the site") of the products offered by the Philia Esor company to purchasers who are consumers (hereinafter the “Customer(s)) and specify the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers.

The General Conditions of Sale are made available to Customers on the site www.philia-paris.com where they can be consulted directly.

Philia Esor reserves the right to modify its General Conditions of Sale at any time. In case of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation.

The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.

The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by Philia Esor does not constitute a waiver on its part of the application of this or these clauses or of the other clauses of the General Conditions of Sale which continue to produce their effects.

3. THE CUSTOMER

The customer of the site must be a consumer, an adult and legally capable natural person or a non-professional legal person to the exclusion of all sellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.

The customer must, during his first order on the site, open a customer account and complete an order form specifying certain mandatory fields so that his order of products can be taken into account and validated by Philia Esor.

The information communicated to Philia Esor when opening its customer account or with each of its orders must be complete, accurate and up-to-date. Philia Esor may, if necessary, ask the customer for confirmation -by any means- of this information and of his identity. Given the commercial policy described above, Philia Esor reserves the right not to respond to orders from subjects that differ from the "Consumer" or to orders that do not comply with its commercial policy.

4. PRODUCTS

The essential characteristics of the Products are presented on the site within each of the product sheets. If the customer has any questions, he can contact Philia Esor by email at: contact@philia-paris.com

The site does not sell second-hand, defective or inferior products to the standards offered on the market.

However, the images and colors of the products offered for sale on the site may not correspond to the actual colors due to the settings of the screen and the lighting during the shots.

In addition, as they are handmade creations, the articles may have irregularities in the finish, differences in format and/or colors inherent to this type of manufacture which cannot be considered as major defects. The responsibility of the Company cannot be called into question, 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 bind the Company.

5. PRICE

The prices indicated on the site are expressed by default in euros all French taxes included (TTC), on the basis of the French value added tax (VAT) at 20%, excluding transport costs. Philia Esor reserves the right to change prices without notice. The products remain the property of Philia Esor until full payment of the price. The total amount owed by the Customer is the amount indicated during the order confirmation.

6. ORDER

Any order placed on the site implies express acceptance of the GCS and implies acceptance of the prices and products available for sale on the site.

Order taking on the site is subject to compliance with the procedure set up by www.philia-paris.com embodied by a succession of different screen pages indicating the steps that the customer must imperatively follow to validate his order.

After having checked the contents of his order, as well as the total cost thereof (products ordered, shipping costs, optional options), and corrected any errors, the Customer will confirm it definitively at the payment stage. This confirmation will be worth conclusion of the contract.

7. PAYMENT

Any item purchased on the www.philia-paris.com site can be paid for by credit card. The debit is then made at the time of validation of the order, after confirmation from the bank issuing the card. In accordance with the recommendation of the CNIL, they are secured by highly secure pages for entering payment data: card number, expiry date and visual cryptogram (PCI DSS standard). This platform encrypts then transmits this payment data to the bank, in complete confidentiality and makes it inaccessible to a third party. If the bank refuses, the order will be automatically cancelled. At no time does the Customer's bank details pass through Philia Esor's computer system.

Philia Esor reserves the right to suspend any order management and any delivery in the event of non-payment.

Philia Esor retains full ownership of the products sold until full receipt of all sums owed by the customer in connection with his order, including costs and taxes.

8. DELIVERY AND SHIPPING

Philia Esor delivers the product(s) ordered to the delivery address indicated by the Customer at the "Delivery address" stage of his order. It is imperative for the Customer to verify its accuracy. Any reshipment due to inaccurate address will be the responsibility of the Customer. Delivery costs are calculated according to the delivery method chosen by the Customer when ordering. All orders are processed by Philia Esor in 2 to 3 working days. The Customer receives an email when his order is dispatched with a link allowing him to follow his order from dispatch to delivery, via the carrier's website. The delivery times quoted are indicative. In mainland France, the delivery time cannot exceed 15 days from receipt of the order confirmation email. The delivery time is approximately 3 to 5 working days. However, Philia Esor cannot be held responsible for delays due to the carrier.

9. RIGHT OF WITHDRAWAL AND TERMS OF RETURN

Under Article L121-18 of the Consumer Code, the Customer has a period of 14 days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for reimbursement without penalty with the exception of shipping and return costs, provided that the product has not been worn and that the jewel is in its original packaging. If the jewel no longer has its original packaging (reference label, plastic, pouch), no refund will be made.

In order to exercise his right of withdrawal, the customer can choose to use:

• The withdrawal form (reproduced in Appendix 1 hereof) by returning it by email (contact@philia-paris.com) or to the following address: Philia Esor service B to C, 138 rue du Temple 75003 Paris. This form will be attached to the package that the Customer will return with the products. An unambiguous declaration (for example, letter sent by post, fax or e-mail: contact@philia-paris.com).
• The paper declaration must be sent to: Philia Esor, B to C service, 138 rue du Temple 75003 Paris. Upon receipt, a quality control will be carried out on the goods received. No used item or item that has been damaged by the customer may be subject to any refund.

The costs and risks of the return are always the responsibility of the Customer.

Refunds can only be made to the credit card used during payment.

If a jewel was purchased with a discount code, then the refund will take into account the amount paid with this code.

It is not possible to replace or exchange returned products. You will need to place a new order online.

APPENDIX 1: MODEL WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

For the attention of Philia Esor, B to C department, 138 rue du Temple 75003 (Email: contact@philia-paris.com).

We advise you to also specify your order number.

I hereby notify you and in accordance with Article L. 221-18 of the Consumer Code, of my withdrawal from the contract relating to the sale of the property below:

Ordered on: […] / Order received on: […]

Order number :

Client name :

Customer address:

Street :

Postal code :

City :

Country :

Signature (only in case of notification of this form on paper):

Date :

ARTICLE 10: WARRANTY

Philia Esor offers you a 12-month commercial guarantee, it applies to all jewelry. The jewel is guaranteed against all manufacturing defects for a period of 12 months from the date of purchase. This warranty is valid under normal use of the product. Are excluded from the warranty: defects resulting from accidents, improper or abusive handling or use (such as shocks, marks of blows, crushing, exposure to corrosive agents) as well as the consequences of acidity skin, wear and normal aging of the jewel. On the other hand, all defective parts due to a manufacturing defect duly noted by our Customer Service will be repaired or replaced. For the Customer to benefit from his guarantee, he must have the purchase invoice for the jewel. If the Customer encounters a problem during this warranty period, the Customer must contact customer service at the following address: contact@philia-paris.com to find out how to return and find an appropriate solution. When returning the product by the Customer, it is necessary to protect and carefully place the product(s) in their original packaging to be sent to Philia Esor, Service B to C, 138 rue du Temple, 75003 Paris, accompanied by the invoice

ARTICLE 11: RESPONSIBILITY

Philia Esor cannot be held responsible for events preventing the proper performance of the contract and which would be attributable to the customer, to a third party to the contract or to a case of force majeure. In addition, the information contained in the site may contain technical inaccuracies or translation or typographical errors and www.philia-paris.com cannot be held responsible for them. Philia Esor is not responsible for the use of other sites to which customers can access via links on www.philia-paris.com. If a condition proves to be illegal or is considered invalid, this will not result in the invalidity of the other conditions.

ARTICLE 12: SETTLEMENT OF DISPUTES AND APPLICABLE LAW

Sales concluded with Philia Esor via the website www.philia-paris.com are subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this 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.

The General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

These distance selling conditions are subject to French law. For any dispute or litigation, the French courts will have sole jurisdiction.

ARTICLE 13: INTELLECTUAL PROPERTY

All elements of the www.philia-paris.com site are and remain the exclusive intellectual property of Philia Esor. No one is authorized to reproduce, exploit, or use for any reason whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text. Any simple or hypertext link is strictly prohibited, except with the express written consent of Philia Esor.

Some products have been registered as designs and models and are automatically protected by copyright.

The Customer is prohibited from any act of reproduction or use of product models, packaging, photographs, composition of photographs, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques or know-how. be used by Philia Esor, as well as any act tending to the appropriation of these elements, whether or not they are protected by Philia Esor by a patent, trademark, design and model or copyright .

The Customer declares to recognize that any counterfeit, of the brand, of the drawings or model or other graphics, may be sanctioned by criminal and/or civil convictions at the discretion of Philia Esor.

ARTICLE 14: PERSONAL DATA

Philia Esor undertakes to preserve the confidentiality of the information provided by the Customer, which he would have to transmit for the use of certain services. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: Philia Esor, 138 rue du Temple, 75003 Paris, France.