GENERAL TERMS AND CONDITIONS OF IN-STORE SALE MESSIKA GROUP

 

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions of in-store sale (hereinafter the “Terms and Conditions”) apply, excluding all other documents, to all purchases on the customer’s own behalf (hereinafter the “Customer”) in relation to MESSIKA products (hereinafter the “Products” or “Product”), performed within any of the stores operated in its own right by MESSIKA GROUP (hereinafter the “Store”), namely the Store located on 259 Rue Saint-Honoré, 75001 Paris. Any contrary condition raised by the Customer shall, unless expressly accepted by the Store, be unenforceable against it. Specific conditions may however apply to a specific transaction or offer proposed to Customers in the Store, which in such case shall take precedence over these Terms and Conditions.

They determine the rights and obligations of the parties in the context of the sale of Products (hereinafter the “Sale”).

Sales performed in this context are reserved for consumers only, and any purchase for resale on a professional basis is strictly prohibited.

These Terms and Conditions are not intended to cover the purchase of products on MESSIKA’s website.

These Terms and Conditions do not apply to sales of custom products which are governed by the special terms and conditions communicated at such time and available by request.

These Terms and Conditions may be modified at any time by MESSIKA GROUP as the vendor identified in article 2 of these terms and conditions.

The Terms and Conditions applicable are those in force at the time of Sale.

 

ARTICLE 2: IDENTIFICATION OF AUTHOR OF OFFER 

Products are sold by the company: MESSIKA GROUP, SAS [simplified joint-stock company] with share capital of €1,100,000, whose registered address is 64, rue La Fayette, 75009 PARIS, registered with the Paris Trade and Companies Register under number 301 293 999, holding EU VAT number FR22301293999 (hereinafter “MESSIKA”).

 

ARTICLE 3: PRODUCTS AND PRICE DISPLAY

The basic characteristics of the Products as well as prices are displayed on a specific label or display in the Store.

The price of Products is expressed in Euros, including tax, namely value-added tax at the legal rate in force.

Any purchase of a ring of a size smaller than 48 or larger than 60 shall be considered to order as defined in article 5, “Returns”. This order must be the subject of a prior quote, and may not be returned (see articles 5.2.2 “Products not accepted for returns” and 5.3 “Conditions for issue of a credit note”).

MESSIKA reserves the right to limit the quantities of MESSIKA products purchased by a Customer, and/or refuse any unusual or bad-faith transaction, where this would constitute “due cause” according to article L.121-11 of the Consumer Code.

 

ARTICLE 4: PAYMENT TERMS

Purchases must be paid for in full on the day of purchase, directly in the Store.

The Customer may pay for MESSIKA products by cash, bank/credit card or bank transfer.

Payment by cheque is not accepted.

In the event that, for any reason whatsoever (objection, refusal by issuer, etc.), the sums owed by the Customer to the Store cannot be debited, the purchase process shall be cancelled. MESSIKA will not issue the product to the Customer without validation of the Customer’s payment.

The Customer guarantees that they have the necessary authorisation to use the selected payment method for the payment of their purchase.

 

4.1. Payment in cash

The Store accepts payment in cash up to the limits set by French regulations:

- The legal threshold for payment in cash authorised for French tax residents is €1,000.

- The legal threshold for payment in cash authorised for non-French tax residents is €15,000.

Any purchase of an amount greater than these thresholds must be paid for by non-cash payment methods (bank transfer or payment/credit cards).

 

4.2. Payment by bank card

The Store accepts “CB” cards, Visa, Eurocard/Mastercard, American Express, China Union Pay, Japan Credit Bureau, WeChat Pay, Alipay.

 

4.3.Bank Transfer

The Store accepts payment by transfer received in Euros to our bank account registered in France.

MESSIKA’s bank must confirm receipt of the transfer before considering that payment has been made.

 

ARTICLE 5: RETURNS  

5.1. Refunds

MESSIKA will not refund any Product purchased in the Store.

 

5.2.Returns Policy

MESSIKA wishes to offer its Customers the option to return purchased Products under the following conditions.

5.2.1.Return conditions

MESSIKA allows its Customers to return purchased Products, so long as the following cumulative conditions are met:

- The exchange must be requested within a maximum of 30 days following the date of the invoice;

- The return request must be addressed to the Store in which the Product was purchased and the return can only be carried out there;

- The returned Product must be brand new, unused (not worn or engraved). Upon return of the Product, MESSIKA’s quality control will assess its condition;

- The product must be returned with:

     - The original box, fully intact,

     - The GIA certificate(s) issued upon purchase,

     - The guarantee card

5.2.2.Products not accepted for returns

Messika reserves the right to refuse to take back a Product in the following cases:

- Returned products that are incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn;

- Products that have been the subject of a return request more than twice successively;

- Products that were specially ordered such as the creation of an item at the Customer’s request;

- Products that were made to order such as ordering an unavailable item or in an unavailable size;

- Products customised to order such as engraved or modified items.

 

5.3.Exchanges

Subject to compliance with the return conditions provided in article 5.2.1, MESSIKA will provide an exchange as soon as possible.

- Exchanges only permit the returned product to be replaced with the same model in a different colour of gold and/or size.

- In the event of an increase in retail price between the date of purchase and the date of exchange, the Customer must pay the price difference.

- It is specified that in cases of gifts, the recipient of the gift may exchange it.

 

5.4.Credit notes

5.4.1. Conditions for issue of a credit note

If the Customer wishes to return their purchase for another model or if the product cannot be exchanged due to an unavailability of the Customer’s desired size or model, a credit note may be issued if:

- The product meets the conditions provided in article 5.2.1;

- The product is not included in the cases provided in article 5.2.2.

5.4.2. How a credit note is issued and used

If the product is declared compliant, MESSIKA will issue a credit note.

The credit note is personal and valid for one (1) year from its issue date, exclusively in the Store in which the purchase was made.

For gifts, the credit note cannot be issued in the recipient’s name, but the Customer’s name only.

The credit note cannot be swapped for cash or bought back, replaced or refunded if lost, stolen, illegible or expired. MESSIKA shall not be held responsible in the event of fraudulent use of the credit note by a third party.

 

ARTICLE 6: AFTER-SALES SERVICE

Depending on technical feasibility, the Product may be refurbished by MESSIKA, at the Customer’s expense, upon presentation of receipt of purchase and the certificate of authenticity.

 

ARTICLE 7: LEGAL GUARANTEES

MESSIKA products benefit from:

- the legal guarantee of conformity provided in articles L.217-4 and following of the Consumer Code.

Thus if the product does not comply with the description given in the Store or is not suitable for the expected use, the Customer has 2 years from the delivery of the product to invoke this guarantee and, according to their choice, have it repaired or replaced (subject to the cost conditions provided in article L.217-9 of the Consumer Code).

- the guarantee against hidden defects provided in articles 1641 to 1649 of the Civil Code.

As a result, if the product is not suitable for its intended use or its use is diminished such that the Customer would not have bought it, due to hidden defects from the time prior to purchase, they have 2 years from discovery of the defect to act on the basis of the guarantee against hidden defects.

If a hidden defect is found the Customer may choose between having the price of the product refunded or reduced according to article 1644 of the Civil Code.

To recall articles L.217-4 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:

“Article L.217-4 of the Consumer Code: the seller delivers an item according to the contract and is responsible for compliance faults existing upon delivery. It is also responsible for compliance faults resulting from packaging, assembly instructions or installation when these have been made its responsibility according to the contract or been carried out under its responsibility.”

“Article L.217-4 of the Consumer Code: the item complies with the contract:

  1. If it is suited to the use usually expected of a similar product, and where applicable:

- if it corresponds  to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may reasonably expect with regard to the public declarations by the seller, the manufacturer or its representative, particularly in its advertising or labelling;

  1. Or, if it has the characteristics mutually defined by the parties or is specific to a special use sought by the buyer, brought to the seller’s knowledge and accepted by it.”

“Article L.217-12: Action arising from a compliance fault is time-limited to two years from the delivery of the item.”

“Article 1641 of the Civil Code: The seller is bound by the guarantee against hidden defects in the sold item making it unsuitable for the intended use, or which so diminish its use that the Customer would not have bought it, or would have offered a lower price, if it had been aware of them.”

“Article 1648 of the Civil Code, first paragraph: Action resulting from critical defects must be brought by the buyer within two years from the discovery of the defect.”

 

ARTICLE 8: MESSIKA’S COMMERCIAL GUARANTEE

All Products purchased in MESSIKA Stores are provided with the MESSIKA guarantee.

MESSIKA jewellery has a two-year guarantee from the date of the receipt if a compliance or hidden defect is discovered under normal conditions of use. The MESSIKA guarantee card accompanying the Product at purchase must also be presented.

Any Product returned during the guarantee period in order to avail of the guarantee shall be submitted to MESSIKA’s after sales service’s appraisal. If they find a defective element, or a manufacturing fault, the Product will be repaired or replaced by MESSIKA.

A third year of the guarantee is offered to the Customer if they register after having completed the form available on our website, messika.com, within the month following purchase. It is valid for all MESSIKA jewellery.

The guarantor of the jewellery is the company MESSIKA, whose registered address is 64, Rue Lafayette in Paris (75009). For the implementation of the commercial guarantee, the Customer must address MESSIKA’s customer service at the following email address: contact@messikagroup.com.

 

The MESSIKA Guarantee excludes:

- Faults or damage resulting from incorrect use or accidents;

- Faults or damage caused by inappropriate use (shocks, scratches, crushing), by alterations, dismantling, unauthorised repairs, as well as services, intervention or repairs carried out other than in a MESSIKA store or approved retailer. For example, in case of adapting size, replacing stones or polishing;

- The consequences of normal wear and tear of the jewellery.

 

Independently of the commercial guarantee, Messika remains bound by the legal compliance guarantee mentioned in articles L.217-4 to L.217-12 of the Consumer Code, as well as those relative to defects in the item sold, under the conditions of articles 1641 to 1648 and 2232 of the Civil Code.

Legal provisions:

Article L.217-4 of the Consumer Code

The seller delivers an item according to the contract and is responsible for compliance faults existing upon delivery.

It is also responsible for compliance faults resulting from packaging, assembly instructions or installation when these have been made its responsibility according to the contract or been carried out under its responsibility.

Article L.217-4 of the Consumer Code

The item complies with the contract:

  1. If it is suited to the use usually expected of a similar product, and where applicable:

- if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer may reasonably expect with regard to the public declarations by the seller, the manufacturer or its representative, particularly in its advertising or labelling;

  1. Or, if it has the characteristics mutually defined by the parties or is specific to a special use sought by the buyer, brought to the seller’s knowledge and accepted by it.”

Article L.217-12 of the Consumer Code

Action arising from a compliance fault is time-limited to two years from the delivery of the item.

Article L.217-16 of the Consumer Code

Where the buyer requests of the seller, during the term of the commercial guarantee that has been granted upon purchase or repair of an item, a refurbishment covered by the guarantee, any immobilisation period of at least seven days will be added to the length of the guarantee remaining.

This period runs from the request for intervention by the buyer or provision of the item for repair, if this is subsequent to the request for intervention.

 

ARTICLE 9: PROTECTION OF PRIVACY

The personal data communicated by the Customer to MESSIKA in the Store will be collected and processed by MESSIKA, in its capacity as data controller, according to the provisions of the IT and Liberties Law no. 78-17 of 6 January 1978 as amended and the European General Data Protection Regulation which entered into force on 25 May 2018. Data is conserved throughout the term of the commercial relationship, then archived for the purposes of legal proof.

It will be processed for the purposes of managing Customer orders, deliveries, guarantees applicable to products that the Customer purchases and the execution of payment orders. It will also be used for the purposes of management and optimisation of customer relations and statistics. It may be communicated (i) to MESSIKA’s internal services and/or (ii) any of MESSIKA’s subcontractors or service providers, where such disclosure is necessary for the accomplishment of the abovementioned purposes.

Data will in no case be transferred outside the European Union. This data will not be externally communicated other than as stated above except to comply with legal and regulatory obligations or the request of a legal authority or administration. MESSIKA guarantees that it implements optimal security measures against loss, alteration and unauthorised communication of data transmitted by the Customer.

The Customer may exercise their rights of access, rectification, portability, erasure, objection and limitation of the processing of their personal data, or withdraw their consent, by contacting our Customer Service by email at stores@messikagroup.com. The Customer is also informed that it has the right to bring a claim before the competent control authority, such as the CNIL.

For further information on our practices on protecting Customer data, the Store invites the Customer to consult the MESSIKA GROUP’s Personal Data policy, accessible on our website www.messika.com.

Further, the Customer may register on a list to be excluded from telephone solicitation: http://www.bloctel.gouv.fr/.

 

ARTICLE 10: CLAIMS - INFORMATION

For all information, claims, invoking of legal guarantees or questions about the conditions of sale of MESSIKA products or those products themselves, the Customer may contact Customer Services by email at stores@messikagroup.com

 

ARTICLE 11: INTELLECTUAL PROPERTY

MESSIKA remains the owner of all intellectual property for photographs, presentations, studies, sketches, models, prototypes, etc. created (even at the Customer’s request) for the provision of products. The Customer is therefore prohibited from any reproduction or exploitation of those photographs, presentations, studies, sketches, models, prototypes, etc. without prior express permission in writing from MESSIKA which may condition it against financial compensation.

 

ARTICLE 12: REGULATORY PROVISIONS

All diamonds purchased by MESSIKA originate from legitimate sources not involved in the financing of conflict, according to the resolutions of the United Nations. MESSIKA hereby guarantees that the diamonds are not sourced from conflict zones, this guarantee being based on its knowledge and/or guarantees in writing from the supplier of the diamonds.

 

ARTICLE 13: FORCE MAJEURE

The execution of MESSIKA’s obligations hereunder is suspended in the event of the occurrence of a fortuitous or force majeure event preventing such execution.

The suspension of its obligations may in no case be a cause for responsibility due to non-execution of that obligation, or incur any payment of damages or late penalties.

The execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and does not exceed a period of eight (8) days.

If the prevention is definitive or exceeds that period of eight (8) days, these Terms and Conditions shall be simply rescinded.

 

ARTICLE 14: APPLICABLE LAW - LANGUAGE - DISPUTES

Our TERMS AND CONDITIONS are governed by and subject to French law.

In accordance with article L.211-3 of the Consumer Code, any consumer-related dispute may be amicably settled by mediation with the CMAP – Paris Arbitration and Mediation Centre.

In order to refer the dispute to the mediator, the Customer may (i) complete the form on the CMAP website: (www.mediateur-conso.cmap.fr), (ii) send the request by simple or registered letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) email consommation@cmap.fr. Irrespective of the means used to contact the CMAP, the request must contain the following in order to be processed promptly: the Customer’s postal address, email and telephone details as well as MESSIKA’s full name and address, a clear summary of the facts, and proof of the measures already taken with MESSIKA.

If the Customer does not wish to do so, the dispute will be referred to the French courts.

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