TERMS AND CONDITIONS OF SALE

Last updated: May 14, 2019

The purpose of these conditions is to determine the terms under which SAINT TROPEZ Jewels sells to its customers gold jewellery with fine gold or rhodium (the following known as "the Product") through the https://saint-tropez-jewels.com/ website (the "Site").

SAINT TROPEZ Jewels is an entity of BEMY, a limited liability company registered in the Lyon Register of Commerce and Companies under the number 533 511 283 and headquartered at 19 Avenue des Bruyères 69150 Décines-Charpieu; Phone 0478804432; Email: contact@stellagreen.fr (' SAINT TROPEZ Jewels').

The acceptance of these terms and conditions of sale ("CGV") implies the full and unqualified adherence of the Customer to these CGV

All orders on the Site are submitted to these CGVs. These are subject to changes and updates; the conditions for ordering a product by a customer are those in effect on the day of the order.

1. OBJECT

These CGVs exclusively govern the sales made by SAINT TROPEZ Jewels of the Products offered to buyers with the quality of consumers (hereafter the "Customers) on the Site and specify the conditions of order, payment, delivery and management of any returns of products ordered by Customers.

The CGVs are against the Customer who declares that they have read them and accepted them by checking the box "I accept the general terms of sale" before the implementation of the online ordering procedure.

2. CUSTOMER

The Site Customer must be a consumer, a major and legally capable natural person. Customers will have to open a customer account when they first order on the Site. For each order, the customer will have to fill out an order form specifying certain required fields so that his product order can be taken into account by SAINT TROPEZ Jewels

The information provided to SAINT TROPEZ Jewels in connection with the opening of his customer account and on each of his orders must be complete, accurate and up-to-date.

SAINT TROPEZ Jewels reserves the right not to follow through on an order if it does not come from a customer who meets the above criteria.

3. PRODUCTS

The essential features of the Products are presented on the Site within each of the product listings. If the Customer has any questions, they can contact SAINT TROPEZ Jewels by phone on 0478804432 or by email at: contact@stellagreen.fr

4. PAYMENT

The Site offers a payment via Bank Card. When the order is finalized, SAINT TROPEZ Jewels confirms the payment by sending the Customer a summary email.

Prices posted on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). The costs of packing, processing the order and carrying are shown before the order is validated.

SAINT TROPEZ Jewels may change product prices at any time and without notice, in particular due to changes in the economic, legislative and fiscal framework. Products are billed on the basis of the current rate when the Customer orders.

The Products remain the full property of the BEMY company until the price of each order is fully collected by SAINT TROPEZ Jewels.

Purchases are settled via our partner's secure platform PayPal.

For delivery outside the European Union, the Customer will have to pay customs duties, or other taxes due on the importation of the products into the country of the place of delivery. The formalities related to this are also the exclusive responsibility of the Client. The Customer is solely responsible for verifying the import possibilities of the products ordered in relation to the rights of the territory of the country of delivery.

5. DELIVERY

The products are delivered to the delivery address listed on the order form.

The parcel is delivered according to the shipping method chosen by the Customer and is given to the recipient against the signature of a delivery slip (depending on the delivery method).

The products are delivered all over the world. No delivery can be made to a hotel or post office box.

SAINT TROPEZ Jewels undertakes to ship all orders placed before 4pm on the same day (only on business days). However, during busy periods such as Christmas, SAINT TROPEZ Jewels reserves the right to extend the shipping time to 72 hours.

What are the delivery times?

Monday to Friday before 4 p.m.:

Packages depart at 4pm - so order the day before or the same day before 3pm for a same-day departure.

Friday after 4pm, Weekend and public holidays:

Orders depart on Monday morning.

From the time the order is shipped, the average delivery times are as follows:

48 hours in Followed Letter;

5 to 10 working days in Colissimo International.

In the event of any change in delivery address made to the Customer after the order is registered, the delivery time may be extended.

Failing to SAINT TROPEZ Jewels to be able to deliver on the date indicated or within the specified time of the order, The Customer will have the opportunity to obtain the cancellation of the order under the terms of Article L 216-2 of the Consumer Code, i.e. by letter recommended with acknowledgement, after ordering SAINT TROPEZ Jewels to make the delivery within a reasonable time by letter recommended with acknowledgement, without SAINT TROPEZ Jewels having carried out.

6. PRODUCT RECEPTION

Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the product delivered.

If, at the time of delivery, the packaging is damaged, torn or opened, the Customer must then check the condition of the products it contains. If these products have been damaged, the Customer must refuse the parcel and note a reservation on the delivery slip: damage, missing item, damaged parcel, broken item... This verification is considered to be carried out as long as the Customer, or a person authorized by him, has signed the delivery order.

Customers must then confirm their reservations to the carrier by registered mail no later than three days, not including public holidays, following the receipt of the Products and send a copy of this mail to SAINT TROPEZ Jewels

Failure to comply with the deadline does not interfere with the Customer's recourse against SAINT TROPEZ Jewels to obtain the exchange or refund of the Products in the event of damage or anomaly of the Product at the time of its delivery. Similarly, the Customer still enjoys his right to withdraw under the terms of Article 8 below.

7. GUARANTEES

For any request for commercial and legal guarantees, please contact:

SAINT TROPEZ Jewels, 19 Avenue des Bruyères 69150 Décines-Charpieu - Phone 0478804432 (cost of a local call in metropolitan France, indicative rate from a fixed station, likely to be modulated by operators) - e-mail: contact@stellagreen.fr

7.1. Legal guarantees

Unless the Client is a legal person or a natural person acting for purposes that are part of his commercial, industrial, artisanal or liberal activity, the Client in any event enjoys the legal guarantees on which he can act. SAINT TROPEZ Jewels is thus held to be held of defects of compliance and defects hidden under the conditions provided respectively by Articles L 217-4 and following of the Consumer Code and 1641 and following of the Civil Code.

Article L 217-4 of the Consumer Code: The seller is required to deliver a property in accordance with the contract and responds to any non-compliance that exists at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.

Article L 217-5 of the Consumer Code: In order to comply with the contract, the property must: (1) be proper to the usually expected use of a similar property and, if necessary: - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; by the producer or its representative, in particular in advertising or labelling; (2) Or present the characteristics defined by the parties or be specific to any special use sought by the buyer, brought to the seller's attention and which the seller has accepted.

Article L 217-7 of the Consumer Code: Non-compliance that appears within twenty-four months of the issuance of the property are presumed to exist at the time of issuance, unless there is evidence to the contrary. For goods sold on occasion, this period is set at six months. The seller can fight this presumption if it is not consistent with the nature of the property or the non-compliance invoked.

Article L 217-9 of the Consumer Code: In the event of a non-compliance, the buyer chooses between repairing and replacing the property. However, the seller may not proceed according to the buyer's choice if the choice results in a clearly disproportionate cost under the other modality, given the value of the property or the size of the defect. It is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.

Article L 217-10 of the Consumer Code: If repair and replacement of the property is not possible, the buyer can return the property and have the price returned or keep the property and have part of the price returned. The same faculty is open to him: (1) If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer's claim; (2) Or if this solution cannot be without major inconvenience to the latter given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the non-compliance is minor.

Article L 217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. These same provisions do not impede the allocation of damages.

Article L 217-12 of the Consumer Code: Action resulting from non-compliance is prescribed by two years from the issuance of the property.

Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a piece of furniture, a refurbishment covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish this use so much, that the purchaser would not have acquired it, or would have given only a lower price, if he had known them.

Article 1644 of the Civil Code: Dthe case of Articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and get a part of the price.

Article 1648, paragraph 1, of the Civil Code: The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.

When acting as a legal guarantee of compliance, the Customer:

· has a period of 2 years from the time the property is issued to act;

· may choose between repairing or replacing the property, subject to the cost conditions set out in Article L 217-9 of the Consumer Code;

· is exempt from reporting evidence of the property's failure to comply within 24 months of the property being issued.

The legal guarantee of compliance applies regardless of the commercial guarantee granted by SAINT TROPEZ Jewels

When acting as a legal guarantee of hidden defects, the Customer can choose between resolving the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

8. CUSTOMER RIGHT TO RETRACT

In accordance with the provisions of Articles L 221-18 and the following provisions of the Consumer Code, the Customer may discretionaryly renounce his order without justifying any reason. To do so, it has the ability to withdraw. He may exercise it (or a third party designated by him with the exception of the carrier) within 14 days of receiving the Product.

Before the 14-day period expires, the Customer must inform SAINT TROPEZ Jewels of their retraction decision either by sending them the retraction form at the bottom of the CGVs by cutting it or in your package, after having completed it, or by sending him an email expressing this decision clearly and unambiguously and mentioning the number of his order to: contact@stellagreen.fr

The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to SAINT TROPEZ Jewels, at the address mentioned on the retraction form no later than 14 days after the disclosure of his decision to withdraw.

SAINT TROPEZ Jewels strongly advises its customers to return the products by Colissimo or Letter Suivie. The Customer also has the option to choose the carrier of his choice. It is therefore recommended to provide proof of this return, which assumes that the Products are returned with parcel tracking, or by any other means giving certain date.

SAINT TROPEZ Jewels must reimburse the Customer, including the delivery fee, no later than 14 days from the date to SAINT TROPEZ Jewels has actually recovered the Product or the date the Customer provided proof of the product's shipment.

The refund will be made by bank transfer on the card used to pay the original invoice.

It is not possible to replace or exchange returned products. We'll have to place a new order online.

Regarding returns of personalised products: Article L 121-20-2 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts to supply goods made to consumer specifications or clearly customized. However, we are committed to refunding you for products that are clearly customized that do not correspond to your order (defective or non-compliant).

9. EFFECT OF THE CONTRACT

The contract has all its effects as soon as it is concluded and cannot be unilaterally terminated by either party, unless the Client uses its ability to withdraw under the conditions laid down by Articles L 221-18 and following of the Consumer Code.

10. PROPRIÉTÉ INTELLECTUAL PROPERTY

The Client recognizes that the Jewels SAINT TROPEZ Products and distinctive signs (image, photographs and composition of photographs, concepts, packaging, product name, texts, illustrations, etc.) are the exclusive property of SAINT TROPEZ Jewels, in particular, for the duration of the protection of these rights and for the whole world.

All products have been registered as a design and are automatically protected by copyright.

The Customer prohibits any act of reproduction or use of the product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, distinctive marks or signs, trade secrets, techniques or know-how used by SAINT TROPEZ Jewels, as well as any act of appropriation of these elements, whether or not they are protected by SAINT TROPEZ Jewels a trademark, a design or a copyright.

As a result, any unauthorized reproduction by SAINT TROPEZ Jewels will be subject to infringement that may be prosecuted.

11. PROCESSING PERSONAL DATA

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.

12. DISPUTE RESOLUTION

In the event of a dispute, the Customer should contact SAINT TROPEZ Jewels by calling 0478804432 or by email at: contact@stellagreen.fr. In the absence of a solution within 21 days of his request, the Client can refer the matter to the Joint Commission for Direct Selling Mediation, 100 Avenue of President Kennedy, 75016 Paris, Tel: 01 42 15 30 00, e-mail: info@cmpvd.fr, website http://mediation-vente-directe.fr/ which will seek a free amicable settlement. This Commission has exclusive jurisdiction to deal, in the context of a mediation process, with disputes arising between SAINT TROPEZ Jewels and the Client.

13. APPLICABLE LAW AND COMPETENT JURISDICTION

CGVs are subject to French law.

In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the CGVs could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of the common law.

Retraction form (to be cut out)

(Please complete and return this form only if you wish to use your right to retract an order)

To SAINT TROPEZ Jewels - 19 Avenue des Bruyères 69150 Décines-Charpieu

I herein notify you of my retraction of the contract for the sale of the Product below: ..............................................................................

Ordered the ()/received the:..........................................................................................................................................................................................................................................................................................

Customername: ..........................................................................................................................................................................................................................................................................................................................................................................................................................................................

Customer address: .........................................................................................................................................................................................................................................................................................................................................................................................................

Customer signature (only if this paper form is notified):

..................................................................................................................................................................................................

Date:.......................................................................................................................................................................................