YLUME
Address: 16 lot rabiote, av CARDINAL GRIMALDI, 13540 Puyricard
Phone: 0442676182
SIREN 840771679 00015
Mail: contact@ylume-creation.com
Website: www.ylume-creation.com
This ylume-creation.com website (ylume.fr and ylume-creation.fr) is published by the company P. LAZZERI CREATION, with a capital of 5000 euros, whose registered office is in Puyricard, registered with the Aix en Provence Trade and Companies Register under number 840771679 00015.
Article 1 - General provisions relating to these General Terms and Conditions of Sale ("GTCS")
a) Purpose and scope of the GTC
The T are applicable exclusively to the online sale of P. LAZZERI CREATION's products on the www.ylume-creation.com website (hereinafter the website). The T exclusively govern the online sales contracts of P. LAZZERI CREATION (hereinafter referred to as the "professional seller") to buyers who are consumers (hereinafter referred to as "consumers") and, together with the online order, constitute the contractual documents that are binding on the parties. The T are exclusively applicable to products delivered to consumers established in France and/or in a member country of the European Union. The T are drafted as well as all the contractual information mentioned on the website in French.
b) Availability and enforceability of the T
The T are made available to consumers on the seller's website where they can be consulted directly.
Any order placed on the site with the seller entails the customer's full and complete acceptance of these T The validation of the order by its confirmation constitutes acceptance by the buyer of the T in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code (former C. civ., art. 1369-4).
c) Modification of the T
The professional seller reserves the right to modify its T at any time. In the event of a change to the T, the applicable T are those in force on the date of the order, a copy of which dated to date may be given to the consumer at the consumer's request.
d) Clauses of the T
The nullity of a contractual clause does not entail the nullity of the T The temporary or permanent non-application of one or more clauses of the T by the professional seller shall not constitute a waiver on his part of the other clauses of the T which continue to produce their effects.
Article 2 - Products
SAS PLAZZERI CREATION offers a range of products ("the Products") on its online sales site www.ylume-creation.com ("the Site"). The products offered for sale presented in the catalogue published on the website are each the subject of a description drawn up by the supplier mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The descriptions and photos of the products sold on the site are the most accurate and faithful to reality. Note that fine stones, due to their natural and unique character, may present small variations in color between the photo and reality. The products comply with the requirements of French law in force at the time of their placing on the market.
(It is the law of the country of origin that applies to products marketed in the internal market, subject to a more protective law in the country of the consumer constituting a justified obstacle to intra-Community trade and excluding the application of the law of the country of origin).
a) Prices
The selling prices, in accordance with Article L. 112-1 of the Consumer Code (former Consumer Code, Art. L. 113-13), are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order. The selling price of the products does not include shipping costs charged in addition to the price.
In the event of a promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of the advertisement made for the promotion.
The professional seller reserves the right to modify its prices at any time and without notice, in particular for reasons of inflation, taxation and legislation, while guaranteeing the consumer the application of the price in force on the day of the order.
The additional costs of transport, delivery or postage (to which must be added any other costs incurred by the seller), which the customer may have become aware of before placing the order, are set out in the order form.
b) Offer
The online sales offers presented on the site are reserved for consumers residing in France and/or in a member country of the European Union and for deliveries in these same geographical areas. The online sales offers presented on the site are valid, in the absence of a particular duration, as long as the products appear in the electronic catalogue. The consumer's acceptance of the offer is validated, in accordance with the double-click process, by the order confirmation.
c) Control
Before placing an order, the customer communicates via the site only the information necessary for the execution of the order. The seller is not responsible for data errors that would not allow the service to be carried out.
To place an order, the consumer, after filling his virtual basket with the selected products and the desired quantities, then clicks on the "Order and pay" button and provides the information relating to the delivery and the payment method. Before clicking on the "Order and pay" button, the consumer has the opportunity to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. Confirmation of the order implies acceptance of the T and forms the contract. An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
In the event that the products presented on ylume-creation.com are no longer available or for sale at the time of your last access to the site or the sending of the order form, YLUME must promptly inform you, and in any case, within thirty working days from the day following your order, of the possible unavailability of the products ordered. In the event of transfer of the order form and payment of the price, YLUME will take the necessary steps to reimburse the amount you have advanced.
- Order modification
Any modification of the order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
- Order validation
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
Similarly, it reserves the right to refuse or cancel any order related to a customer in dispute over a previous service.
Article 3 - Contract
The sales contract is formed at the time the consumer sends the confirmation of his order.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in such a way as to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., art. 1348). Such communications, purchase orders and invoices may be produced as proof of the contract.
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of:
- Delivery of a product that does not comply with the declared characteristics of the product, in which case a total refund of the entire order will be made)
- Delivery exceeding the deadline set in the purchase order or, in the absence of such a date, within thirty days of the conclusion of the contract, after the seller has been enjoined, in the same manner and without result, to make the delivery within a reasonable additional period;
The order can be resolved by the seller in the event of:
- Refusal of the buyer to take delivery;
- Failure to pay the price (or the balance of the price) at the time of delivery.
Article 4 - Payment
The customer makes his purchases by credit card on the site. The customer's credit card is debited at the time of validation of the order for its full amount. The customer's credit card information is equivalent to authorization for the seller to debit the customer's account.
The security of the transactions and data communicated by the customer is ensured by the secure banking protocol.
During the transaction, the cardholder is directed to a page of his bank and enters a piece of data that the bank can verify.
This security is materialized by the presence of the "Verified by VISA" or "MasterCard SecureCode" logos. This service is not subject to any pricing.
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it is impossible to debit the sums due by the customer, the order will not be registered by YLUME.
Customer data related to transactions is stored on the bank's information processing site and is not shared with the seller.
Article 5 - Delivery
a) Delivery methods
The product is delivered to the address indicated on the order form by a carrier. It is the buyer's responsibility to check his postal address entered in the order. PLAZZERI CREATION will not be responsible in any way for an error of address communicated by the buyer.
Delivery times vary depending on the delivery method chosen:
France: 2 to 3 working days depending on your region
Europe: 3-4 business days
United Kingdom: 3-4 business days
United States: 3 to 4 working days
Canada, China and Japan: 4 to 5 working days
Rest of the world: 4 to 5 working days
Shipments are made from Monday to Friday. Delivery will be made between 1 and 5 days after receipt of the order. The maximum could be used during periods of high influx. There are no parcels sent during the weekend.
YLUME undertakes to ship all orders placed within 3 days after receipt of the order (only on working days).
However, during busy periods such as Christmas, YLUME reserves the right to extend the shipping time to 5 working days.
Article L.221-15 of the Consumer Code:
'The trader shall be liable to the consumer by operation of law for the proper performance of the obligations arising from the contract concluded at a distance, whether those obligations are performed by the trader who concluded that contract or by other service providers, without prejudice to his right of action against them. However, he may exonerate himself from all or part of his liability by providing proof that the non-performance or improper performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party of the contract, or in the event of force majeure. »
b) Delay in delivery
In the event that the delivery deadline that had been indicated to the Consumer is exceeded and is not attributable to the Consumer, an unforeseeable and insurmountable event of a third party to the contract or a case of force majeure, the Consumer may request the cancellation of the sale by registered letter with acknowledgement of receipt or in writing on another durable medium. To do so, he must instruct YLUME by registered letter with acknowledgement of receipt to deliver the Product(s) within a reasonable additional period of time. If YLUME has not complied within this period, it may send a registered letter with acknowledgement of receipt of resolution.
The contract shall be deemed to be terminated upon receipt by YLUME of the letter or writing informing it of such termination, unless YLUME has performed in the meantime.
If the delivery time is an essential condition of the contract for the Consumer, the contract will be considered to be terminated upon receipt by YLUME of the letter or writing informing it of such termination.
In the event of termination due to late delivery of the Product(s), YLUME undertakes to reimburse the Consumer for all sums paid, at the latest within 14 days of the date on which the Client terminated the contract
(c) Product compliance
If the product does not conform to the order, the consumer can request a refund or implement the legal guarantee of conformity. This will not incur any costs on his part.
Article 6 - Warranty
a) Right of withdrawal
The Consumer has a right of withdrawal that he or she may exercise, without having to justify reasons, within fourteen (14) days from the day after receipt of the products ordered.
The customer thus has the possibility of copying, completing and sending this withdrawal form if he wishes to withdraw from the contract as provided for in Article L.221-5 of the Consumer Code.
Model withdrawal form:
Attn: Atelier YLUME - PLAZZERI CREATION
16 lots of rabiotes
Avenue CARDINAL GRIMALDI
contact@ylume-creation.com
I/we (*) hereby notify you (*) of/our(*) withdrawal from the contract for the sale of the goods (*)/for the presentation of service (*) below.
Ordered on (*)/received on (*)
Name of consumer(s):
Consumer(s) address:
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:
(*) Cross out the unnecessary mention
When the period of fourteen (14) days from the day after receipt of the products ordered expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
To simplify the exercise of the right of withdrawal, Ylume asks customers to notify it by any means. On this occasion, the customer will be able to specify whether he wishes a refund or a credit note.
The customer will also have the option of contacting customer service by email: contact@ylume-creation.com or ylume.bijoux@gmail.com for any further information.
The products must be returned in perfect condition, complete (accessories, instructions, warranty, etc.) accompanied by the invoice recalling the customer's contact details as well as their desire to receive a refund or a credit note, to the following address:
YLUME - PLAZZERI CREATION
16 lots of rabiotes
Av CARDINAL GRIMALDI
13540 Puyricard
Return shipping costs are the responsibility of the customer. Any customs fees related to the return of the product from a foreign country are also the responsibility of the customer.
Ylume strongly advises its customers to return products by Colissimo or Lettre Bulle. The customer has the option of choosing the carrier of their choice.
The right of withdrawal – in addition to compliance with the deadlines and procedures described in the previous points – is considered to have been correctly applied in the event that the following conditions are fully met:
- We invite you to notify us by email, phone, postal mail or via your account of your return request.
-The product must not have been worn, worn, modified, washed or damaged.
-The product must be returned in its original packaging
Upon receipt, Ylume will return to you the amount of the order for the returned product, including the costs of delivery of the returned jewel, no later than fourteen days from the date on which it is informed of the consumer's decision to withdraw.
In the event that the terms and conditions for exercising the right of withdrawal have not been complied with, as above, you will not be entitled to a refund of any sums already paid to Ylume. However, you will be able to obtain, at your own expense, your products, in the condition in which they were returned to Ylume. Otherwise, Ylume will be able to retain the products, in addition to the sums already paid for their acquisition.
(b)Legal warranty
Regardless of any commercial guarantee that may be granted by Ylume to the Client, all products supplied by Ylume benefit from the legal guarantee of conformity provided for in Articles L. 217-3 to L. 217-17 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1648 of the Civil Code.
Under these guarantees, Ylume undertakes, at the Customer's choice, to reimburse or exchange defective products or products that do not correspond to their order.
To benefit from the warranty, the Customer must contact Ylume's Customer Service by following these steps:
- Have the order number and the reference of the item concerned (this information is indicated on your purchase invoice);
- Send the request for coverage to Ylume's Customer Service by email at the following address: sav@ylume-creation.com
In order to ensure a fast and quality processing of the warranty claim, the Customer must specify his contact details, his order number and the reference of the item concerned and will detail as much as possible the problem encountered and, as far as possible, will attach to the email a photograph of the defect of the product.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply. During that period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the product is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the property;
2° The repair or replacement of the property takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacing goods;
4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into compliance.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction of the price or the termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the warranty that remained to run until the delivery of the refurbished item.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against latent defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the property is kept.
(c)Commercial warranty
According to Article L. 217-21 of the Consumer Code (former Consumer Code, Art. L. 217-15), the commercial guarantee means any contractual commitment by a professional to the consumer with a view to reimbursing the purchase price, replacing or repairing the jewel, in addition to its legal obligations to guarantee the conformity of the good.
The professional seller (or manufacturer) undertakes to restore or replace the product under certain conditions if a defect appears within 90 days of the sale.
Abnormal or non-compliant use of the product within this period, as well as the consequences of such use, are excluded from the scope of the contractual guarantees.
(The clause must specify the content of the guarantee, the terms of its implementation, its duration, its territorial scope and indicate the name and address of the guarantor).
Article 8 - Intellectual property
The elements reproduced on this site ylume-creation.com (photos, videos, texts, logo, illustrations, etc.). non-exhaustive list) are the exclusive property of the publisher, are protected by copyright and trademark law.
Any reproduction and distribution of these elements, without the prior written permission of the publisher, exposes the offenders to legal proceedings.
Article 9 - Processing and protection of personal data
a) Data
The Client is informed that the data it provides on the Website is subject to various automated processing of personal data.
In accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, it is recalled that the personal data collected from the Customer is necessary for the processing of his order. They can also be used for prospecting purposes. The purposes of each processing are described in relation to the processing concerned.
This data is intended for internal use by Ylume.
The Client's personal data is kept for the time strictly necessary to achieve the purposes for each of the processing operations envisaged by Ylume.
The Client has the right to access, modify and oppose the processing of data concerning him by contacting customer service by email at the following address contact@ylume-creation.com
The purpose of the computerised processing of the personal data collected is to manage and process the order.
In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, to delete data concerning you, the data controller being the customer service P. LAZZERI CREATION, 16, lot la rabiote, avenue cardinal Grimaldi 13540 Puyricard.
The seller undertakes not to disclose to third parties the information communicated by the customer on the site.
b) Bloctel device
Article 10 - Mediation
In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity chosen is Mediation solution.
Mediation Solution
December 14, 2018 CECMC Accreditation
222 chemin de la bergerie 01800 Saint Jean de Niost
https://www.sasmediationsolution-conso.fr
Phone : 04 82 53 93 06
Article 11 - Competent court
Sales concluded with Ylume via the www.ylume-creation.com website 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, consequences and consequences, shall be submitted to the competent court in accordance with the rules of jurisdiction of ordinary law.
Article 12 - Applicable law
This contract and the T governing it are subject to French law.
