MESSIKA GROUP GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
ARTICLE 1 – GENERAL
The purpose of these general terms and conditions of sale is to govern contractual relations between MESSIKA GROUP, French simplified joint-stock company with capital of €1,100,000, having its registered office at 64 Rue La Fayette, Paris 75009, and listed in the Paris Trade and Companies Register under number B301293999, and any Customer wishing to make a purchase on the website www.messika.com.
The general terms and conditions of sale listed here below take precedence over any other document given to the customer (prospectus, catalog, etc.) which is issued by MESSIKA GROUP.
The fact of MESSIKA GROUP not invoking any one of the clauses of these general terms and conditions of sale may not be interpreted as constituting a waiver of its right to subsequently invoke any one of these terms and conditions.
ARTICLE 2 – ORDER
Orders are placed by the Customer selecting the product which he wishes to purchase and adding it to his cart by clicking on the corresponding button “Add to cart” from the product page. For rings and bracelets, the Customer selects the required size and then clicks on “Add to cart”. This cart does not in itself constitute an order liable to commit MESSIKA GROUP. It may be changed until payment is made.
Once the Customer has selected all the products that he wishes to purchase, he must confirm the contents of the cart and place the order. Pages then summarize successively the details of the required products and their price, the terms and conditions of delivery and the payment method which the Customer must choose. The Customer undertakes that the information which he provides to MESSIKA GROUP in the context of this order is accurate and up to date.
The Customer must hold a customer account and, to this end, he must accurately provide his identity, contact details, a valid e- mail address and a password.
The Customer can then check the details of his order and its total price, and correct any errors, prior to confirming it in order to express his acceptance and proceed with payment.
Following payment for the order, MESSIKA GROUP acknowledges receipt of the latter by sending an e-mail to the address provided previously by the Customer.
If the product ordered by the Customer is no longer available for sale, MESSIKA GROUP will inform the Customer, when processing the order, by e-mail to the address provided. The Customer will not be billed for these products.
ARTICLE 3 – PRICE AND PAYMENT OPTIONS
3.1. The price of items of jewelry appears on the product page for each item offered for sale on the site www.messika.com at the time of purchase. Prices are indicated in euros, inclusive of all taxes. MESSIKA GROUP reserves the right at any time to change the sale prices appearing on its online store.
Delivery costs depend on the delivery destination chosen for each product offered.
The price is payable in full and in one single payment.
For orders outside the European Union, additional customs duty may be incurred. This additional duty remains payable by the Customer.
3.2. Payment is made online by credit card (VISA, EUROCARD, MASTERCARD or AMERICAN EXPRESS) or by Paypal. Purchases made by credit card are authenticated by the BNP’s 3 D SECURE MERCANET system. Pursuant to French data protection act no. 78/17 of January 6, 1978 and Article 12 of these General Terms and Conditions, MESSIKA guarantees the Customer that their bank information will not be kept.
ARTICLE 4: RIGHT OF WITHDRAWAL
4.1. Pursuant to Article L.221-18 of the French consumer code, the Customer has a period of 14 days as from receipt of the product to return the product to MESSIKA GROUP for a refund.
The Customer must then notify his decision to withdraw using the “Contact us” link at the bottom of the website www.messika.com or by contacting the MESSIKA GROUP Customer Relations Department at the following address: firstname.lastname@example.org and forwarding to it, prior to expiry of the period indicated in the previous paragraph, a declaration stating his wish to withdraw or the following withdrawal form, it being understood that MESSIKA GROUP will acknowledge receipt by e-mail of the Customer’s withdrawal thus made:
MESSIKA GROUP Customer Service or the latter’s carrier will then contact the Customer to schedule collection of the parcel for the Customer to return the product(s) concerned.
The Customer must return the products complete, in perfect condition and in their original packaging, together with any accessories, the invoice and the certificate of authenticity. No refund may be made if a product is returned damaged.
4.2. If this right of withdrawal is made in compliance with the aforementioned obligations, MESSIKA GROUP undertakes to refund the Customer all amounts paid, including delivery costs, at the earliest opportunity and no later than within fourteen days as from the date of receipt of the returned product. The return costs are free.
4.3. The right of withdrawal provided for in this article may not be exercised, pursuant to Article L.221-28 of the French consumer code, in case of special production (engraved jewelry, etc.).
ARTICLE 5 - LEGAL GUARANTEE OF CONFORMITY
MESSIKA GROUP is bound by a legal guarantee of conformity within the meaning of articles L.217-4 et seq. of the French consumer code, and is liable for any lack of conformity existing at the time of delivery of the product, at no cost to the Customer.
To conform, the product must:
1. Be appropriate for the use normally expected of a similar product and, where applicable:
correspond to the description given by MESSIKA GROUP and possess the qualities that the latter has presented to the Customer;
present the qualities that a purchaser may legitimately expect, in view of the public declarations made by MESSIKA GROUP or its representative, particularly in the advertising or labeling;
2. Or present the characteristics defined jointly by the parties or be appropriate for any special use required by the Customer, as indicated to MESSIKA GROUP and which the latter has accepted.
The Customer may not, however, dispute the conformity by invoking a fault which he knew of or could not be unaware of when he entered into the contract.
Any lack of conformity that appears within two years as from delivery of the product is presumed to exist at the time of delivery, unless proven otherwise.
MESSIKA GROUP may challenge this presumption if it is not compatible with the nature of the product or the invoked lack of conformity.
In case of lack of conformity, the Customer chooses whether to have the product repaired or replaced. However, MESSIKA GROUP may not proceed according to the Customer’s choice if this choice involves a clearly disproportionate cost compared to the other option, taking into account the value of the product or the magnitude of the fault.
If it is impossible to repair or replace the product, the Customer may return the product and obtain a refund of the price or keep the product and obtain a partial refund of the price.
However, the sale may not be canceled if there is a minor lack of conformity.
ARTICLE 6 - STATUTORY WARRANTY AGAINST HIDDEN DEFECTS
MESSIKA GROUP is bound, under the conditions of articles 1641 et seq. of the French Civil Code, by the warranty against hidden defects in the product, which make it unsuitable for its intended use, or which so impair that use that the Customer would not have purchased it, or would only have paid less for it, if he had known about them.
The statutory warranty covers all costs incurred by hidden defects.
MESSIKA GROUP is not liable for obvious defects which the purchaser could have seen for himself, but rather for hidden defects.
The defect must predate the sale and make the products unsuitable for their intended use.
The Customer may either return the product and get a refund of the price or keep the product and obtain a partial refund of the price. Where applicable, MESSIKA GROUP’s carrier will contact the Customer to schedule collection of the parcel for the Customer to return the product(s) concerned.
The time-limit to act is two years as from discovering the defect.
ARTICLE 7 - COMMERCIAL WARRANTY
MESSIKA GROUP allows its customers to exchange items within a period of 30 days as from invoice date, except for those items that were the subject of a special order. The customer’s request may only concern the size of the product or the color of the gold of an ordered product. Under no circumstances may two different products be exchanged.
A request for an exchange must be sent to MESSIKA GROUP Customer Relations Department at the following address: email@example.com or via the “Contact us” link at the bottom of the page on the website www.messika.com.
Return of the product concerned is free of charge.
MESSIKA GROUP Customer Service or the latter’s carrier will then contact the Customer to schedule collection of the parcel for the Customer to return the product(s) concerned.
The returned item must be new, unused (not worn or engraved) and perfectly intact in its original packaging.
In case of returning an item, the MESSIKA GROUP Quality Department will check and assess the perfect condition of the returned item.
No return will be accepted if the returned item has been visibly used or damaged on account of the customer and this use or damage makes the jewelry unsuitable for sale.
Furthermore, the returned item must be accompanied by its invoice and the certificate of authenticity issued at the time of the sale.
Subject to complying with these terms and conditions of return, MESSIKA GROUP will exchange the item at the earliest opportunity. MESSIKA GROUP will not make any refund for items under its commercial warranty.
ARTICLE 8 - COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: MESSIKA GROUP products are produced in 750/000 gold.
DIAMONDS: All diamonds purchased by MESSIKA GROUP are from legitimate sources not involved in funding conflict, in accordance with United Nations resolutions. MESSIKA GROUP hereby guarantees that these diamonds do not originate from conflict zones, a guarantee based on its knowledge and/or on written guarantees issued by the supplier of these diamonds.
ARTICLE 9 - DELIVERY
Delivery means transfer to the Customer of the physical possession of the Products.
The products ordered by the Customer in accordance with the stages set out in detail in Article 2 of these General Terms and Conditions are delivered by the MESSIKA GROUP carrier to the delivery address specified by the Customer at the time of the order, by tracked delivery. Each order is allocated a tracking number. By logging in to his account on the website www.messika.com, the Customer has a link to monitor the routing status of his parcel via the carrier's website.
Delivery takes place between 2 and 7 estimated days (for estimated time per country, refer to the table here) as from confirmation of the order by MESSIKA GROUP, and, in any case, within a maximum of 30 calendar days as from confirmation of the order by MESSIKA GROUP, subject to payment of the price in full.
In case of exceeding this last deadline, the Customer may cancel the contract by letter sent by recorded delivery or in writing on another durable medium, if, having given notice, in the same manner, to MESSIKA GROUP to make the delivery within a reasonable additional period, MESSIKA GROUP fails to do so within that period.
To enable the deadlines to be met, the Customer must make sure he has communicated accurate and complete information concerning the delivery address (such as, in particular, the street, building and staircase numbers, access codes, intercom numbers, etc.).
The following are the destination countries for which delivery is possible: France, Germany, Austria, Balearic Islands, Belgium, Spain, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovakia and Slovenia. For other countries, the Customer is requested to contact MESSIKA GROUP Customer Service. Messika Group does not make product deliveries to certain addresses (e.g. post office boxes or hotels).
The delivery charges applicable are those stated on the Site at the time of the order, depending on the country of delivery selected by the Customer. Delivery charges will not be billed to the Customer if the total order exceeds 1,000 euros.
In case of absence at the time of delivery, a request for re-delivery is permitted by MESSIKA GROUP. Should the Customer be absent again at the time of this second delivery, the parcel will be returned to MESSIKA GROUP registered office, which will result in cancellation of the order.
The risks relating to the products lie with MESSIKA GROUP until they are delivered to the Customer, who becomes liable for them once they have been delivered to the delivery address indicated at the time of the order.
The Customer must check conformity of the products at the time of delivery and indicate, if possible, on the delivery slip, in the form of handwritten reserves accompanied by his signature, any anomalies noted (packet opened, damaged product, etc.). In case of non-conformity of the purchased Products or if the Customer is not satisfied with them, the latter may return them or request an exchange or refund under the terms and conditions stated in articles 4, 5, 6 or 7, depending on the case.
ARTICLE 10 - PERSONAL DATA
MESSIKA GROUP undertakes to protect the privacy of Customers. All personal information provided by Customers to MESSIKA GROUP will be subject to the provisions of French data protection act no. 78-17 of January 6, 1978.
Personal data are collected for the purposes of managing orders and Customer relations, as well as, subject to acceptance by Customers, to keep them informed of MESSIKA GROUP offers and marketing information. MESSIKA GROUP undertakes only to forward this information to third parties involved in preparing and monitoring the order (bank, delivery service, etc.).
On written request by Customers, MESSIKA GROUP will delete the personal information concerning them from its database. Furthermore, pursuant to Act no. 78/17, customers have, at any time, a right to access, correct and delete personal data concerning them by e-mail to firstname.lastname@example.org.
ARTICLE 11 - COOKIES
11.1. Information relating to Customer browsing may be stored on the Customer’s terminal when he uses the website www.messika.com. This information is used specifically to optimize and personalize Customer use of the website, as well as to check the performance of the website.
11.2. When using the website www.messika.com, third parties may collect information relating to the Customer’s terminal, which enables them in particular to identify their areas of interest through the products browsed or purchased on the website. MESSIKA GROUP does not have control over the third parties who collect this information and is not in any case responsible for the processing of this information.
ARTICLE 12 – INTELLECTUAL PROPERTY
MESSIKA GROUP is the exclusive holder of the intellectual property rights to the products offered on the site www.messika.com, the product-related brands, all the visual and/or textual and/or sound elements on the site www.messika.com, the databases linked to the site www.messika.com, and, generally, all the elements present or linked to the site www.messika.com, which can be subject to protection pursuant to the French Intellectual Property Code.
It is therefore prohibited to reproduce in any form whatsoever, whether directly or indirectly, the elements referred to in the preceding paragraph and, generally, to use or exploit these elements other than in the context of fulfilling these General Terms and Conditions.
ARTICLE 13 - HYPERTEXT LINKS
In no case is MESSIKA GROUP responsible for hypertext links from the website www.messika.com and directing to other websites.
The creation of hypertext links to the website www.messika.com is subject to authorization from MESSIKA GROUP.
The creation of a deep hypertext link to the MESSIKA GROUP website or of a hypertext link using framing is prohibited.
ARTICLE 14 - LIABILITY
14.1. MESSIKA GROUP liability may not be invoked in the case of an event that cannot reasonably be foreseen when entering into the sales contract and which would prevent the fulfillment of its obligations and which would be beyond its control. MESSIKA GROUP undertakes to warn the Customer of the occurrence of such an event within 8 days as from its occurrence. The occurrence of such an event would bring about suspension of the fulfillment of these general terms and conditions of sale.
14.2. MESSIKA GROUP may only be held liable for direct and foreseeable loss at the time of the order for the product by the Customer and which results from use of the website www.messika.com by the Customer, as well as for the products sold.
14.3. MESSIKA GROUP cannot be held liable for direct or consequential loss which might result from use of the Site, including inaccessibility, loss of data, deterioration, destruction or virus which might affect users’ data processing equipment and/or the presence of a virus on the Site.
14.4. MESSIKA GROUP does not guarantee the legality or accessibility of the content of the website www.messika.com for all countries worldwide. The Customer must therefore check compliance with the regulations applicable in the country where the Customer uses the website.
14.5. The photographs and designs that represent the products on the site www.messika.com are communicated to illustrate the products and are not intended to render MESSIKA GROUP liable in case of error or omission. MESSIKA GROUP liability may not be invoked in case of non-substantial difference between the products ordered by the Customer and the photographs, design and descriptions of the products.
ARTICLE 15 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE
MESSIKA GROUP reserves the right to amend these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will, where applicable, be brought to the Customer’s attention by an online amendment and they will only be applicable to sales made subsequent to the amendment.
ARTICLE 16 - DISPUTES AND APPLICABLE LAW
These general terms and conditions of sale are governed by French law. By default, the French courts will have jurisdiction in respect of disputes.