Terms and conditions of sale
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) apply, without restriction or reservation, to all sales concluded by the Vendor with major non-professional purchasers with the legal capacity to contract an order or professionals (“Customers or the Customer”), wishing to acquire the products offered for sale (“Products”) by the Vendor on the opalsymphony.com website. The Products offered for sale on the site are as follows:
Natural opals cut, polished by us and some equipped with a 0.925 silver primer
The main characteristics of opals, including specifications, illustrations and dimensions, are presented on the opalsymphony.com website, which the customer is obliged to read before ordering.
We reserve the right to modify these conditions at any time. Any changes will be explained at the top of the updated document.
Sales and shipping countries
The Products presented on the opalsymphony.com website are offered for sale in the following territories:
EU (Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Latvia, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden), Monaco and Switzerland.
ARTICLE 2 – Prices
The Products are supplied at the prices in force on the opalsymphony.com website at the time the order is registered by the Seller.
Prices are given in Euros, exclusive of tax (HT) and inclusive of tax (TTC).
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.
Prices do not include shipping and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
Free delivery on orders of 500 euros or more, excluding VAT.
The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.
An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the opalsymphony.com website, according to the following procedures:
Add to cart/order/accept terms and conditions/choose delivery options, and pay cash.
An order must be accompanied by the opening of a customer account and verification of the buyer’s e-mail address.
Product offers are valid as long as they are visible on the site, while stocks last.
The sale will not be considered valid until full payment has been received. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the opalsymphony.com website constitutes the formation of a distance contract between the Customer and the Seller.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or non-application of the legal right of withdrawal, see article 7).
ARTICLE 3 Bis – Customer area – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.
The customer is responsible for updating the information provided. He/she is informed that he/she can modify them by logging into his/her account. The seller cannot be held responsible for anomalous deliveries due to errors in the customer’s contact details. In this case, the customer will be billed for a return, redelivery or customs fine for anomalous contact details.
To access his personal space and order history, the Customer must identify himself using his username and password, which are strictly personal and will be communicated to him after registration.
In this respect, the Customer shall refrain from disclosing them. If this is not the case, he/she will remain solely responsible for any use made of it.
Customers may also request to be removed from the list by visiting the dedicated page in their personal space or by sending an e-mail to: contact@opalsymphony.com. This will be effective within a reasonable timeframe.
In the event of non-compliance with the general terms and conditions of sale and/or use, the opalsymphony.com website will have the right to suspend or even close a customer’s account after a formal notice has been sent electronically and has remained without effect within a reasonable period of two weeks.
Any deletion of an account, for whatever reason, will result in the deletion of all the Customer’s personal information.
The Vendor shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale, its terms of use and its privacy policy.
ARTICLE 4 – Terms of payment
The price is paid by secure payment as follows:
- payment by credit card
- paypal payment
The price is payable in full by the Customer on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the opalsymphony.com website.
Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.
The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.
ARTICLE 5 – Deliveries
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to the customer and are his sole responsibility.
For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.
Claims :
The customer must check the condition of the products delivered. The customer has a maximum of 7 days from the date of delivery to make any complaints by e-mail or post, accompanied by all relevant supporting documents (notably photos).
Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and no claim will be validly accepted by the Vendor.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. Products therefore travel at the Seller’s risk. In this respect, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, including customs duties if any, and this regardless of the date of delivery of said Products.
ARTICLE 7 – Right of withdrawal
Our aim is to share our passion and enthusiasm with our customers. If, despite all our efforts, you wish to withdraw, we will do our utmost to help you maintain the quality of the bond that has united us.
According to the terms of article L221-18 of the French Consumer Code
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.”
The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.
For private customers, the right to retract must be expressed within a legal period of 14 days, compared with 7 days for professionals.
Returns must be made in their original condition and complete (packaging, accessories) so that they can be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be returned.
The customer is responsible for return shipping costs.
Reimbursement will be made within 14 days of receipt by the Vendor of the Products returned by the Customer in accordance with the conditions set out in this article.
Returns organization: contact us using the contact form
ARTICLE 8 – Seller’s liability – Warranties
Products supplied by the Vendor benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
- the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Legal warranty provisions
Article L217-4 of the French Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L217-5 of the French Consumer Code
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.”
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the French Civil Code.
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer’s request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will reimburse, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 48 hours of receipt of the non-conforming product returned, days following the Seller’s finding of the non-conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Vendor cannot be held liable in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is the Customer’s responsibility to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
In the case of unique products, the Vendor’s guarantee is, in any event, limited to the reimbursement of non-conforming Products.
ARTICLE 9 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.
These GCS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 10 – Disputes
For any complaint, please contact customer service at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GCS.
The customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
In this case, the appointed mediator is :
CM2C
49 rue de Ponthieu
75008 PARIS
FRANCE
E-mail: cm2c@cm2c.net
Phone : +331.89.47.00.14
On the web : https: //www.cm2c.net/contact.php#
Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.
APPENDIX I
Withdrawal form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on opalsymphony.com, unless exclusions or limitations to the exercise of the right of withdrawal are set forth in the applicable General Terms and Conditions of Sale.
To the attention of SARL, Opal Symphony
34 place du Général De Gaulle Office 3-59000 Lille
I hereby give notice of withdrawal from the contract for the following item:
– Ordered on (indicate date)
– Order number: …………………………………………………..
– Customer name: …………………………………………………………………
– Customer address: ……………………………………………………………..