Terms and Conditions of Sale

Preamble

 

The following terms and conditions of sale ("T&C") set forth the terms under which hand-sculpted and hand-painted jewelry ("Product(s)") are sold to individuals acting as consumers ("Clients") through the website www.durebecca.fr.

Du Rébecca is a registered trademark in France, operated by the Seller, under which the Products are sold to Clients.

The Client may contact the Seller via the contact form provided on the website or by email at: contact@durebecca.fr.

Article 1: Acceptance of T&C

These T&C take precedence over any other terms found in other documents. Any order placed by the Client implies full and unconditional acceptance of these T&C. By placing an order, the Client acknowledges having read and understood the T&C in force at the time of the order.

As the T&C are subject to change at any time, the version applicable to the Client is the one in effect at the time the order is placed.

Article 2: The client

The Client of the Site must be a consumer, a natural person who is of legal age and legally capable. The Seller is not responsible for verifying the identity or legal capacity of the Client.

Article 3: The products

The essential characteristics of each Product and its price are presented on the Site. The photos of the Products are provided for illustrative purposes only and have no contractual value.

The Seller makes efforts to verify the accuracy of the information published on the website, social media, or advertisements. However, the Seller cannot be held liable for any omissions, inaccuracies, or errors in this information that may cause direct or indirect damage to the Client.

Article 4: The order

It is the Client's responsibility to verify the accuracy of the information they provide when confirming the order.

The Seller reserves the right to refuse any order for legitimate or legal reasons, or if the Client has a dispute related to a previous payment or order processing, as well as any order that does not comply with these T&C.

If the Products presented on the Site are no longer available at the time of order dispatch, the Seller will notify the Client by email of the unavailability of the ordered Products and will refund the Client the full amount paid for the unavailable Products.

The contract is deemed concluded once the Client's payment is made, after receipt and validation of the order by the Seller and verification of the accuracy of the order details.


Article 5: The Order process

To place an order, the following steps must be followed:

  • The Client adds the desired Product(s) to their cart;

  • The Client can remove an item from the cart or modify the quantity of a Product;

  • The Client can choose to finalize the order from their cart or continue shopping after adding an item to the cart;

  • To finalize the order, the Client must fill out the order form and provide the necessary personal details;

  • The Client must select their delivery method and payment method: it is the Client's responsibility to verify the order details, total price, delivery terms and costs, and the Product(s), including quantity;

  • The Client must review and accept the T&Cs;

  • The Client proceeds to pay the total amount.

After order validation, a receipt is sent to the Client via email, containing a summary of the order information (essential product characteristics, price, payment methods, right of withdrawal, invoice, delivery timeframes, and costs).

Article 6: Price

The Seller may modify the prices of Products at any time without prior notice. Products are invoiced based on the price in effect when the Client places the order.

Prices displayed on the site are in euros, including VAT. Additional delivery fees may apply, if applicable.


Article 7: Payment

The Site offers payment via Credit Card (through the secure Stripe platform) or via PayPal. Once the order is finalized, the Seller confirms the payment by sending the Client a confirmation email.

For credit card payments, the Seller does not have access to any payment data from the Client.

In the event of payment authorization refusal by the accredited payment organizations or in case of non-payment or non-settlement of any part of a previous order, the Seller reserves the right to suspend the processing of the order and any delivery.

The Seller will send the Client an invoice electronically after each payment. The Client expressly agrees to receive invoices electronically.

Installment payment service:

The Seller offers the Alma credit service for Clients to pay for their purchases in installments. This is subject to the Client's acceptance of Alma’s T&Cs or credit contract.

Any refusal of credit by Alma for an order may result in its cancellation.

The installment payment option is available through our partner Alma. Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure.

Purchase Amount: Only purchases over €100 are eligible for Alma's installment payment.

Fees: The Client does not incur any additional fees when paying in installments with Alma.

Alma, as the telepayment manager, provides an electronic certificate that serves as proof of the transaction amount and date, in accordance with the provisions of Articles 1316 and following of the Civil Code.

Termination: Any termination of the T&Cs between the Seller and the Client results in the termination of the T&Cs or credit contract between Alma and the Client.

For any claims related to Alma, please follow this link: https://help.almapay.com/hc/fr

 

Article 8: Seller’s obligations


The Seller undertakes to exercise the necessary care and diligence in providing Products that are of a quality consistent with the specifications set out in these T&Cs. The Seller is only liable for an obligation of means regarding the services related to the sale of the Products covered by these T&Cs.

The Seller shall not be held responsible in cases of force majeure or Client fault, as defined in this article:

Force majeure: Under these T&Cs, force majeure refers to any event, impediment, limitation, or disruption related to the Product or orders for Products due to fire, epidemic, explosion, earthquake, failure by the service provider, malfunction of transmission networks, collapse of installations, illegal or fraudulent use of passwords, codes, or references provided to the Client, hacking, a security breach by the website host or developers, flooding, power failure, war, embargo, law, injunction, government demand or requirement, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Seller. In such circumstances, the Seller shall be excused from performing its obligations to the extent of the impediment, limitation, or disruption.

Client's fault: Under these T&Cs, any improper use of the Product, fault, negligence, omission, or failure on the part of the Client or their agents will be considered a fault attributable to the Client. This also includes failure to follow advice given by the Seller on the Website, unlawful disclosure or use of the Client's password, codes, and references, as well as the provision of incorrect information or failure to update such information in the Client’s personal account. The use of any technical process, such as bots or automated queries, which goes against the letter or spirit of these T&Cs, will also be considered a fault on the part of the Client.

Technical issues: In the event of an inability to access the Website due to any technical issues, such as service interruptions, external intrusions, or the presence of computer viruses, the Client shall not claim damages or seek any compensation. The unavailability, even prolonged and without any time limit, of one or more online services shall not be considered harm to the Client and shall not result in the Seller being required to pay damages.

Given the current state of technology, the representations of the Products for sale on this Website, particularly in terms of colors or shapes, may vary slightly from one computer to another or may differ from reality depending on the quality of graphic accessories, the screen, or the resolution of the display. These variations and differences shall not be attributed to the Seller, who cannot be held responsible for them.

Seller’s liability for damages: Unless otherwise provided by applicable legal or regulatory provisions, the Seller’s liability is limited to the direct, personal, and proven damage suffered by the Client due to the failure in question. The Seller shall not be held responsible for any indirect damage. In any case, the amount of damages payable by the Seller shall not exceed three times the price of the Products that caused the damage.

Article 9: Delivery

The Products are delivered to the address provided by the Client at the time of the order.

The Products are delivered according to the shipping method chosen by the Client and are handed over to the recipient against the signature of a delivery slip (depending on the delivery method). No delivery can be made to a hotel address or a P.O. Box.

The Seller undertakes to ship the orders within 72 hours following the order validation (only on business days). However, during periods of high demand, the Seller reserves the right to extend the shipping time to 96 hours.

From the dispatch of the order, the delivery time is:

  • Between 2 and 5 days for France,

  • Between 5 and 10 days for European countries,

  • Approximately 15 days for the rest of the world.

The Client will be informed of any delivery delays known to the Seller.

Shipping costs are the responsibility of the Client (unless part of a promotional offer).

Article 10: Delivery problems due to the carrier

Upon receipt of the Product, the Client 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 open, the Client must then check the condition of the Products inside. If these Products are damaged, the Client must refuse the package and make a note on the delivery slip: missing item, damaged package, broken item, etc. This check is deemed to have been made once the Client, or an authorized person, has signed the delivery slip.

The Client must then confirm their reservations to the carrier no later than three business days after receiving the Products and send a copy of this exchange to the Seller.

Failure to meet this deadline does not affect the Client's right to make a claim against the Seller to obtain an exchange or refund for damaged or faulty Products at the time of delivery. The Client also retains the right of withdrawal in accordance with the conditions in Article 9 above.

Article 11: Transfer of risks

The risks related to the Products are transferred to the Client at the time of the physical delivery of the Products, i.e., upon receipt of the order.

Article 12: Communication

Any communication to be made to the Client will be deemed to be properly carried out if sent to the email address or postal address provided by the Client at the time of the order.

Article 13: Return procedures and the Client's right of withdrawal

In accordance with Articles L 221-18 and following of the Consumer Code, the Client may freely cancel their order without providing any reason. They have the right of withdrawal, which can be exercised within 14 days of receiving the Product.

Before this 14-day period expires, the Client must inform the Seller of their decision to withdraw by email, including the order number, at: contact@durebecca.fr.

Return shipping costs are the responsibility of the Client (unless the Product is non-compliant or has a manufacturing defect). The Client is required to provide proof of return, which means the Products must be returned with tracking, a certain date, and insurance (such as Colissimo or a registered shipment). The Client will be held responsible for any damage occurring during transport if the above conditions are not met.

If the Products are not sent back within the allotted time frame, the order will be considered final, and no refund will be issued, except as otherwise provided in these T&Cs.

Products must be returned in their original condition, including packaging. Damaged, worn, or incomplete Products will not be accepted for return or refund.

The Seller will refund the Client within 14 days from the date the Seller has actually received the Products. The refund will be made by bank transfer to the card used for payment. A refund for an order paid with a gift card or credit will automatically be issued as a credit.

Article 14: Legal guarantees and responsibilities

In accordance with Article 217-4 of the Consumer Code, the Seller is responsible for any non-conformity of the Product at the time of receipt and for any defects that appear within 24 months from that date, as well as for the legal warranty of hidden defects.

The Client may request the application of this warranty by email (accompanied by photos if necessary), explaining the nature of the issue and specifying the order number. The Client must notify the Seller of any defect in conformity within a maximum of one month from the date the defect was noticed. Failure to comply with this obligation will result in the Client losing their right to claim a non-conformity. This warranty is free of charge, and the Seller will reimburse shipping costs.

This warranty does not apply if the defect is due to:

  • Incorrect use or misuse of the Product,

  • Handling errors, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes,

  • Abnormal maintenance or lack of maintenance and hygiene,

  • Natural wear and tear,

  • Interventions performed on the Product by anyone not authorized by the Seller, as well as damage resulting from such interventions.

The Client is responsible for taking care of the Products, particularly avoiding contact with liquids (seawater, swimming pools, soap, perfume, deodorant), detergents, or abrasive products. Furthermore, normal wear and tear and a certain patina from repeated use of the Products cannot be considered a defect in conformity under this clause. Additionally, porcelain must be handled carefully, especially when putting on and removing jewelry, to avoid dropping it on a hard surface, such as stone, marble, or tile.

Article 15: Waiver

No waiver by the Seller of any of its rights may be inferred except from an express, certain, and written declaration to that effect.

Article 16: Partial invalidity

If one or more provisions of these T&Cs are deemed invalid or declared as such under the application of a law, regulation, or as a result of a final decision by a competent court, the remaining provisions will retain their full force and effect.

Article 17: Retention of ownership

The Products remain the property of the Seller until the full payment of the order price has been received. No dispute regarding the delivery itself may be raised if the package is shown as delivered, with the carrier's computer system or the signature on the delivery receipt serving as proof.

Article 18: Proof, storage, and archiving of transactions

The Seller recommends that the Client keep a paper or electronic record of all data related to their order. Computerized records, stored in the Seller's systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties.

Article 19: Intellectual property

The Client acknowledges that the Seller's Products and distinguishing signs (images, photographs, concepts, packaging, product names, illustrations, etc.) are the exclusive property of the Seller under intellectual property rights for the entire duration of protection of these rights and worldwide.

Certain Products have been registered as designs and models and are automatically protected by copyright.

The Client is prohibited from reproducing or using the Products, packaging, photographs, concepts, product names, illustrations, trademarks, or distinguishing signs, trade secrets, techniques, or know-how used by the Seller, as well as from taking any action to appropriate these elements, whether or not they are protected by the Seller through trademark registration, design and model registration, or copyright.

Any unauthorized reproduction by the Client will be subject to examination and may lead to legal action, including for infringement.

Article 20: Personal data processing

All information from your client account and/or provided during orders is used solely within the context of your business relationship with www.durebecca.fr. This information is never shared with third parties or sold.

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

Article 21: Applicable law and jurisdictions

These T&Cs and the sale of Products are governed by French law.

In the absence of an amicable resolution, any dispute related to the interpretation of the T&Cs, the execution or termination of a sale of Products, or the interpretation, execution, or termination of these T&Cs shall be subject to the jurisdiction of the French courts with legal competence.