Terms of sale

Article 1 - Scope

These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Joaillerie Wil Le Cher (“the Seller”) to non-professional buyers (“The Customers or the Customer”), wishing acquire the products offered for sale by the Seller (“The Products”) on the website https://www.willecher.com/.

They specify in particular the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers. The Products offered for sale on the website https://www.willecher.com/ are as follows: Watches, wedding rings, pendants, bracelets, rings, solitaires, earrings.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://www.willecher.com/.

The Customer is required to read it before placing any order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.

Product offers are within the limits of available stocks, as specified when placing the order.

The Seller's contact details are as follows:

Wil Le Cher Jewelry

762 avenue de Tournamy, 06250 Mougins

contact@willecher.com

04.92.28.19.11

SARL Wil Le Cher with capital of €300,000

RCS: Cannes B 499 583 987

Intracommunity VAT: FR26499583987

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the website https://www.willecher.com/ and will prevail, where applicable, over any other version or any other contradictory document.

The Customer declares to have read these General Conditions of Sale and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the website https:/ /www.willecher.com/.

These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in proving his identity, to:

Wil Le Cher Jewelry, 762 avenue de Tournamy, 06250 Mougins.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the website https://www.willecher.com/.

In the event of an order to a country other than mainland 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 the responsibility and are the sole responsibility of the Customer.

In the event of a sale abroad, it is advisable to find out about the laws applicable in the countries concerned, to ensure compliance with any constraints they impose and to translate the conditions of sale into the appropriate languages.

Modifications to these General Conditions of Sale are binding on users of the website https://www.willecher.com/ from the time they are put online and cannot apply to transactions previously concluded.

Article 2- Orders

It is up to the Customer to select the Products he wishes to order on the website https://www.willecher.com/, according to the following terms:

- Click on the add to cart button,

- Consultation of your basket and choice of delivery method,

- Entering your billing and delivery details,

- Choice of payment method and entry of payment information,

- Payment confirmation.

The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Buyer by email and after receipt by the latter of the entire price and after collection by this one for the entirety of the deposit due.

It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the website https://www.willecher.com/ constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be informed by email of the progress of their order.

The Seller does not intend to sell the Products on the website https://www.willecher.com/ to professionals, but only to consumers, for their personal needs.

The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 10 identical items. It also reserves the right to cancel or refuse any order in the event of a price error, particularly if the price displayed is very different from the actual price, almost derisory.

Any modifications to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified in writing, by email or by fax to the Seller at least 5 days before the date. scheduled for shipping the order.

In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 30 days from notification of the impossibility of accepting the modifications requested by the Customer ( unless the latter prefers to benefit from a credit).

In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 2 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or the force majeure, a sum corresponding to 10% of the total amount of the purchase may be acquired from the Seller and invoiced to the Customer, as damages, in compensation for the damage thus suffered.
Article 3 - Prices

The Products are supplied at the current prices appearing on the website https://www.willecher.com/ when the order is registered by the Seller. Prices are expressed in Euros including tax.

The prices take into account any reductions that may be granted by the Seller on the website https://www.willecher.com/.

These prices are firm and cannot be revised during their period of validity, as indicated on the website https://www.willecher.com/, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website https://www.willecher.com/ and calculated prior to the placing of the contract. the command.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

Article 4 – Precious metals

Diamonds come from legitimate sources not involved in the financing of armed conflicts and in compliance with United Nations resolutions, guaranteed based on knowledge and/or written guarantees from suppliers.

The use of colorless fluids and heating are recognized as traditional lapidary practices to complement the cutting and polishing of certain colored stones, as well as the whitening of pearls.

Gems may have been the subject of these general embellishment practices.

Any other intervention is indicated by the word “processed”.

Article 5 - Payment conditions

The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment method, by credit card or by Paypal.

Payment data is exchanged in encrypted mode using the HTTPS protocol.

Article 6 - Deliveries

The Products ordered by the Customer will be shipped to mainland France and European countries within 2 working days of placing the order. To this preparation time is added the processing and delivery time to the address indicated by the Customer when ordering on the website https://www.willecher.com/.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are communicated for informational purposes only. However, if the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request. under the conditions provided for in articles L216-2L 216-3L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The Seller also offers free delivery to its store located: Joaillerie Wil Le Cher, 762 avenue de Tournamy, 06250 Mougins.

The Seller advises to check the Product at the time of its delivery and in the event that the Product delivered is non-compliant (Product error, defective, damaged or incomplete Product), to make written reservations at the latest within five (5) days following this delivery, to the carrier and/or the Seller.

In all cases, the provisions set out in article 9 on legal guarantees will apply.

For Products reported non-compliant within five (5) days of delivery, the Seller allows you to exercise your right of withdrawal and obtain reimbursement for the Product without going through repair or replacement, as provided for by the legal guarantee of conformity.

Article 7 - Transfer of ownership - Transfer of risks

The transfer of ownership of the Seller's Products will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.

Article 8 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following notification to the Seller of the Customer's decision to withdraw.

Returns are to be carried out in their original condition and complete (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be returned.

The right of withdrawal can be exercised by email or by post, by returning the available withdrawal form, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, devoid of ambiguity, expressing the desire to retract.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remaining the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days from receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.
Article 9 - Responsibility of the Seller - Guarantee

The Products sold on the website https://www.willecher.com/ comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,

- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from delivery of the Products or the existence of hidden defects within a maximum period of 2 years from their discovery.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the price charged.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller cannot be held liable in the following cases:

- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify;

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

Article 10 - Information Technology and Freedoms

In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.

This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the website https://www.willecher.com/ has been declared to the CNIL.

The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.

This right can be exercised under the conditions and according to the terms defined on the website https://www.willecher.com/.

You have the option of registering free of charge on a BLOCTEL telephone canvassing opposition list (www.bloctel.gouv.fr) in order to no longer be contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with article L. 223-2 of the Consumer Code.

Any consumer can register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.

Article 11 - Intellectual property

The content of the website https://www.willecher.com/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.

Article 12 - Applicable law - Language

These General Conditions of Sale and the operations resulting from them are governed and subject to French law.

These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 13 - Disputes

All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sectoral mediation bodies. , and whose references appear on the website https://www.willecher.com/ or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

Article 14 - Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these General Conditions of Sale and of all the information listed in article L 221-5 of the Consumer Code and in particular the following information:

- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;

- the price of the Products and related costs (delivery, for example);

- in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,

- information relating to legal and contractual guarantees and their implementation methods;

- the functionalities of the digital content and, where applicable, its interoperability;

- the possibility of resorting to conventional mediation in the event of a dispute;

- information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions;

- the means of payment accepted.

The fact for a natural person (or legal entity) to order on the website https://www.willecher.com/ implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.

Appendices - Provisions relating to legal guarantees

Article L217-4 of the 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 is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

- Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model present the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling

- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.

Article 1648 paragraph 1 of the Civil Code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.