You wish to place an order on the website www.mademoisellecome.com.
We invite you to consult the general terms and conditions of sale that you undertake to accept when validating your order.
Article 1. Object – Acceptance of the General Conditions of Sale
1.1 These General Conditions of Sale define:
– On the one hand, the terms and conditions of sale on the website www.mademoisellecome.com from which the products distributed by Mademoiselle Côme (hereinafter referred to as the “Mademoiselle Côme products”) are marketed to natural or legal persons for their personal use, as well as the rights and obligations of the parties arising from the online sale.
The Mademoiselle Côme site is referred to as the “site”. Mademoiselle Côme products are referred to as the “products”.
The present general conditions of sale are concluded between a natural or legal person wishing to make a purchase via the site (hereinafter referred to as the “customer”) and the company Joaillerie Côme, whose full address is as follows :
– Société Joaillerie Côme,
Company registered in the trade and companies register of the Registry of the Commercial Court of Nantes under number 888 579 166 R.C.S Nantes, and whose registered office is located at 8 rue Du Guesclin – 44 000 Nantes (hereinafter “Mademoiselle Côme”) .
Thus, by placing an order for a product on the site the customer acknowledges :
– that it has full legal capacity
– that by ordering a product via the site, he will contract directly with Mademoiselle Côme
– that his order is governed by these general conditions of sale, of which the customer declares to accept the terms without restriction or reservation. Any order implies acceptance, without reservation, of these general conditions of sale. This acceptance is in no way conditional on a handwritten signature by the customer. In accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, it is recalled that the validation of the order form as specified in article 3, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
1.2
Any special condition or any other written document contained in particular in documents issued by the customer (including the order) cannot prevail over the present general conditions of sale without the prior express written agreement of Mademoiselle Côme.
It is specified that the customer may save or print these general terms and conditions of sale, provided that they are not modified.
1.3
Mademoiselle Côme reserves the right to modify the present general conditions of sale. Any new version of these will be indicated to the customer on the site, and the customer is responsible for taking note of it.
The online version of these general terms and conditions of sale on the site shall prevail, where applicable, over any other version of the said general terms and conditions of sale, with the exception, in accordance with common law, of any changes that may have been made subsequent to an order by the customer.
1.4
Consultation of the site by the client is also governed by the general conditions of use which are accessible at the bottom of the mademoisellecome.com site and which the client declares to accept without restriction or reservation.
Article 2. Products
2.1 Presentation & Description of the Products
Mademoiselle Côme presents on its website the various products offered for sale, as well as their detailed descriptions contained in the “details” appearing on the site, offering the customer the possibility of knowing before the final order is taken, the essential characteristics of each product that he can buy via the site and this, in accordance with the provisions of article l.111-1 of the consumer code.
The information mentioned on each product “detail” is that communicated by the Mademoiselle Côme production and communication department.
In this respect, Mademoiselle Côme takes great care to ensure that the colour, design and presentation of the products whose photographs are displayed on the website are true to the original products.
However, due to the way the products are presented on the Internet, it is possible that the customer’s impression of the photographic representation of the products does not correspond exactly with the product itself. It should also be noted that the weights indicated on the products may vary due to the artisanal nature of the manufacturing process. The photographs, texts, graphics and information illustrating the products are not contractually binding. In the event of an obvious error between the characteristics of the products and their representation, Mademoiselle Côme cannot be held responsible.
2.2 Availability of products
The products offered for sale by Mademoiselle Côme are those which appear on the site, at the time of their consultation by the customer and within the limits of available stocks. At any time, Mademoiselle Côme reserves the right to modify or stop selling the products offered on the site, but these changes will not affect orders that Mademoiselle Côme would have accepted before the entry into force of these changes.
2.3 Product prices
The applicable prices are those indicated on the site at the time the customer validates his order.
Prices are quoted in euros and include all taxes.
The customer is informed that delivery costs, outside metropolitan France, will be invoiced in addition to the price of the products, and that they will be specifically indicated on the order summary and in the order confirmation e-mail.
At any time and without notice, Mademoiselle Côme reserves the right to modify the price of the products without these modifications having any impact on the orders that Mademoiselle Côme would have accepted before the entry into force of these modifications.
Article 3 – Order Process & Payment of Products
3.1 Order a product
3.1.1 By browsing the site, the customer has the opportunity to freely learn about the products offered for sale on the site, at the time of their consultation.
In order to place an order, the customer will click on the icon “add to cart” for this purpose to the right of the products.
At any time, the customer may :
– obtain a summary of the products they have selected or modify their order by clicking on the “shopping cart” button on each page.
– complete the product selection and pay for the order by clicking on “pay”.
3.1.2 Once having clicked on “pay”, the customer must identify himself by accurately filling in the form made available to him.
The customer must identify himself by opening a session or indicate:
His/her surname(s), first name(s), mobile phone and e-mail address. The said e-mail address must be perfectly valid and in perfect working order.
-A valid mailing address where delivery can be made during business hours Monday through Friday. Mademoiselle Côme delivers exclusively to the following countries: France (including Corsica), Monaco, Austria, Australia, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hong Kong, Hungary, Indonesia, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Singapore, Switzerland, Thailand, United Arab Emirates, United Kingdom and United States.
3.1.3 Once the form is fully completed and after clicking on “continue to shipping”, the customer can modify and choose another type of delivery. This link https://www.laposte.fr/tarif-colissimo will allow you to compare delivery times and rates.
Once you have chosen the type of delivery, click on “continue to payment”.
3.1.4 The customer will then be redirected to a secure web page from which he will be asked to pay for his order under the terms and conditions of article 3.2 below of these general conditions of sale.
3.1.5 The data recorded by Mademoiselle Côme constitutes proof of all transactions between Mademoiselle Côme and the customer. In case of conflict between the parties on a transaction made on the site, the data recorded by Mademoiselle Côme are considered as irrefragable proof of the content of the transaction. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
3.2 Payment of the Order
3.2.1 Rules
The payment of the order of products is done immediately on the internet, according to the instructions given for this purpose during the validation process of the order.
Payment shall be made in euros by bank card (cb, visa, Mastercard) to the exclusion of any other means of payment. Mademoiselle Côme never has access to confidential information about the customer’s payment method. In order to proceed with the payment due, the customer will have to provide his/her bank card number, the expiry date of the card and, if applicable, the visual cryptogram.
The customer’s bank details are requested at each order insofar as only the bank chosen by Mademoiselle Côme to carry out this financial transaction remains in possession of the above-mentioned confidential information.
To this end, the customer guarantees Mademoiselle Côme that he/she has the necessary authorisations to use the payment instrument chosen at the time of validation of the order.
In case of refusal by the bank, the order will be automatically cancelled. Once the payment of the order has been made, a payment summary ticket will automatically be sent to the customer by e-mail via the financial institution chosen by Mademoiselle Côme. The customer is informed that his bank account will be debited with the amount of his order when he makes his payment.
3.2.2 Secure payment
Payments on the mademoisellecome.com site are totally secured by the Stripe system.
3.3 Order Confirmation
3.3.1 Once the order has been paid for, an order and payment confirmation will automatically be sent to the customer by e-mail.
This confirmation will contain the following information :
– the order reference
– a summary of the order (description of the product(s) ordered, quantity, price)
– the total amount of the order, including all taxes
– delivery charges
– the delivery address.
– the billing address.
3.3.2 In accordance with the provisions of article l.122-1 of the consumer code, Mademoiselle Côme will be entitled to refuse any abnormal order, placed in bad faith, or unpaid on the grounds of fraudulent use of ‘a credit card.
Article 4 – Delivery & Receipt of Order
Mademoiselle Côme keeps the property of the ordered products until the complete payment of the corresponding price.
4.1 Delivery to the customer
The products will be delivered to the postal address given by the customer at the time of his/her order, which will appear in the order confirmation e-mail.
The products ordered by the customer on the site will be delivered exclusively in France (including Corsica), Monaco, Austria, Australia, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hong Kong, Hungary, Indonesia, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Thailand, United Arab Emirates, United Kingdom and United States.
The customer will be able to follow the progress of the delivery of his or her order via a hyperlink to a web page that will be communicated to him or her in the e-mail confirming the dispatch of the order. He may also have access to this information in the “my orders” section of his personal account on the site.
To find out the costs and delivery times offered by our carriers, we invite you to consult the information stipulated in article 4.2 below.
Mademoiselle Côme does not work with any tax-free company. As such, no request for tax exemption will be accepted.
4.2 Zones, Rates & Delivery Details
Mademoiselle Côme delivers to the countries mentioned in the article 4.1 above and uses colissimo for standard delivery. To know the rates and the delivery provider according to the geographical area of the customer and the delivery time, please refer to the table above.
4.3 Product Shipping Times
The shipment will take place at the latest within three (3) working days following the confirmation of the order, unless the customer will be informed before placing the order, indicating an average shipping time.
4.4 Delayed Delivery
Any delay of delivery will have to be announced in writing as soon as possible by the customer to Mademoiselle Côme which will carry out an investigation near the concerned conveyor.
The customer shall have the right to cancel the order if it is not delivered within seven (7) working days at the latest following the delivery date initially planned by our carrier and subject to a delay not resulting from the customer or a case of force majeure.
As soon as the right of denunciation is exercised, or the conclusions of the investigation carried out by Mademoiselle Côme confirming the loss of the parcel, Mademoiselle Côme will make a refund to the bank account debited at the time of the order, as soon as possible, to the exclusion of any other compensation, or will reship the products at its expense if the order was not denounced by the customer.
In the event of partial delivery of the order, delivery may be made in several instalments, and this right shall only concern the undelivered balance of the order.
4.5 Receipt of the Products by the Customer
Each delivery is deemed to have been made as soon as the products are made available to the customer by the carrier, as evidenced by the control system used by the carrier. No dispute relating to the delivery itself will be possible if the package appears to have been delivered, the carrier’s computer system being the proof.
It is the customer’s responsibility to verify immediately upon receipt of the products the conformity and integrity of the products shipped.
Without prejudice to the time limits available to the customer under his right of withdrawal as specified in Article 5 below, it is the customer’s responsibility to check the shipments on arrival and to make any reservations and complaints to the carrier that appear justified in the event of delay, breakage or shortage.
In addition, in accordance with article l.133-3 of the Commercial Code, any reservations must be confirmed by registered letter to the carrier within three (3) days of receipt.
Any reservation of this type must also be notified to Mademoiselle Côme’s customer service department, whose contact details appear on the site, within the same time limit and in the same form. In this respect, the customer should enclose a copy of the complaint sent to the carrier.
Article 5 – Customer’s Right of Withdrawal
In accordance with the provisions of Article l.121-20 of the Consumer Code and subject to the assumptions referred to in Article l.121-20-3 of the said code, the customer has a withdrawal period of 14 days, from the date of receipt of the order, to return the product Mademoiselle Côme ordered not giving him satisfaction.
The customer should send an email to contact@mademoisellecome.com stating the reason for the return.
If a product is received that does not satisfy the customer, the return is at the customer’s expense. The Mademoiselle Côme product must be returned complete, in perfect condition and in its original packaging. The return of the package is the responsibility of the customer. This must be returned by parcel followed against signature. Under these conditions, Mademoiselle Côme undertakes to reimburse the customer, with the exception of transport costs, to the bank account debited at the time of the order, within a maximum period of thirty 30 days from receipt of the product. In case of abnormal or abusive returns, Mademoiselle Côme reserves the right to refuse a subsequent order.
In the event of a request to exchange the size of a product (ring or band), the return will be handled by Mademoiselle Côme. The product must be returned in its original packaging. The customer will affix the prepaid return slip to the package.
Any risk associated with the return of the product remains the responsibility of the customer.
For any request for return or exchange from outside the European Union, the shipping costs are at the customer’s expense. Any additional costs that Mademoiselle Côme would have to pay will be deducted from the refund of the order. Please send an email to contact@mademoisellecome.com for more information on how to handle these returns.
Article 6 – Non-compliant product(s)
6.1. Right to Conformity & Warranty
Mademoiselle Côme guarantees respectively that the products of the brand are in conformity with the use which is expected of them, and do not present defects or hidden faults making them dangerous or unfit for their normal use.
In the event of a product that does not conform to the information given at the time of presentation of the products on the site, and in accordance with article l.211-5 of the French Consumer Code, or if these products have hidden defects as referred to in article 1641 of the French Civil Code, they will be reimbursed to the customer within a maximum period of thirty (30) days from receipt of the product, subject to compliance with the above-mentioned conditions.
This refund will also include the refund of the initial delivery costs if all the delivered products are returned. If the entire order is not returned in its entirety, no refund of the original delivery charge will be made.
6.2. Right of Return
In the event of receipt of a non-compliant product, the customer is authorized to return the non-compliant product to Mademoiselle Côme within fourteen (14) days of receipt of the product. The product must be returned in its original packaging. The customer will affix the prepaid return slip to the package.
Article 7 – Responsibility Miss Côme
Mademoiselle Côme cannot be held responsible for any inconvenience or damage inherent to the use of the Internet, in particular a break in service, the occurrence of bugs, external intrusion or the presence of computer viruses.
Mademoiselle Côme is not responsible in case of failure to fulfil any of its respective obligations, as defined herein, due to a case of force majeure.
Without prejudice to the provisions of the preceding paragraphs, the liability of Mademoiselle Côme under these general conditions of sale shall not be joint and several and shall not exceed a sum equal to the sums paid or payable in the transaction giving rise to the said liability for Mademoiselle Côme products, whatever the cause or form of the action concerned.
Article 8 – Intellectual Property
In accordance with the laws governing intellectual property rights or other similar rights, the Mademoiselle Côme website and all elements, models, photographs, texts, illustrations, logos, graphics etc. are protected by copyright. The content of the site and its compilation are the exclusive property of Mademoiselle Côme, which does not grant any license or any other right to the customer than to consult the site.
The reproduction or use of all or part of these elements is only authorised for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Neither the site, in whole or in part, nor its contents may be used, reproduced, duplicated, copied, transferred, made accessible, modified or exploited in any other way, in whole or in part, for any purpose whatsoever, without the prior written permission of Mademoiselle Côme. Any other use constitutes an infringement.
Article 9 – Information Technology and Civil Liberties
9.1 Information collected
The personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order.
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by law n°2004-81 of August 6, 2004 (hereinafter “data-processing law and freedoms”), the processing of personal information collected on the site has been declared to the National Commission for Computing and Liberties (declaration n°1780350).
The customer has the right to access, modify, rectify and delete data concerning him/her. To exercise these rights, the customer may, at his or her discretion, send a simple letter or e-mail to the customer service department whose contact details are available by clicking here, taking care to prove his or her identity (surname, first names, e-mail address, photocopy of an identity document) – in accordance with the first paragraphs of articles 39 and 40 of the French Data Protection Act. Upon receipt of the request, Mademoiselle Côme undertakes to process it as soon as possible.
9.2. Uses of the Information Collected
Mademoiselle Côme may communicate the information provided by the customer on the site to third parties who provide services to the sites. Thus, in order to verify customer information, authenticate payments and process orders, Mademoiselle Côme may communicate to third parties in charge of signature, payment or other services, certain financial and other information provided by the customer.
Moreover, Mademoiselle Côme reserves the right to send its newsletter to customers with an account on the site. To stop receiving it, simply click on the “unsubscribe” link at the bottom of the page.
Article 10 – Force Majeure
Neither the customer nor Mademoiselle Côme can be held responsible for the total or partial non-execution of their obligations, if this non-execution is due to a fortuitous event or to the occurrence of an element constituting force majeure such as, in particular, and without this list being restrictive, flood, fire, storm, lack of raw materials, transport strike, partial or total strike, or lock-out, these various elements being assessed in relation to the applicable jurisprudence.
The party affected by such events shall inform the other party as soon as possible and at the latest within five (5) working days of the occurrence of such event.
The customer and Mademoiselle Côme agree, in this case, to consult as soon as possible in order to determine together the methods of execution of the order for the duration of the case of force majeure.
Article 11 – Partial Non-Validation
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 12 – Non-Renunciation
The fact that one of the parties to these general terms and conditions of sale has not demanded the application of any clause, whether permanently or temporarily, shall in no way be considered as a waiver of that party’s rights arising from that clause.
Article 13 – Entire contract
These general terms and conditions of sale, the general terms and conditions of use and the order summary sent to the customer form a contractual whole and constitute the entire contractual relationship between the parties.
In general, it is expressly agreed between Mademoiselle Côme and the customer that emails will be considered as proof between them as well as the automatic recording systems used on the site, especially regarding the nature and date of the order.
The customer can access, if necessary in accordance with the rules of common law, the electronic contract concluded between the customer and Mademoiselle Côme.
To do so, he/she shall contact the customer service department by e-mail, to which he/she shall provide all the information necessary to do so, including the order number and his/her contact details.
Article14 – Applicable Law – Disputes
The law applicable to these general terms and conditions of sale and the orders relating to them is French law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
Subject to the provisions of the Code of Civil Procedure to the contrary, any dispute which may arise concerning the validity, interpretation or execution of these general conditions of sale and which has not been settled amicably by the parties hereto, shall be submitted to the French courts.
Version of 15/07/2022
