General terms and conditions of sale
Last updated: October 31, 2024
The purpose of these conditions is to set out the terms and conditions under which Laurence M sells to its customers designer jewelry plated with fine gold (hereinafter referred to as "the Product(s)") through the website www.laurencem-bijoux.com (the "Site").
Laurence M Créations is a limited liability company (SARL) with a share capital of €1,111, registered with the Perpignan Trade and Companies Register under number 810 678 615, and whose registered office is located at 1, rue Jean Riere in Perpignan (66100). To contact the brand's founder by email: laurence@laurencem-bijoux.com
Acceptance of these general terms and conditions of sale (“GTC”) implies the Client’s full and unreserved acceptance of these GTC.
All orders placed on the Site are subject to these Terms and Conditions. These Terms and Conditions are subject to change and updates; the conditions applicable to a Customer's order of a Product are those in effect on the date of the order.
1. Purpose
These General Terms and Conditions of Sale govern exclusively the sales made by Laurence M Créations of products offered to buyers who are consumers (hereinafter the "Customer(s)") on the Site and specify the conditions of ordering, payment, delivery and handling of any returns of products ordered by Customers.
The General Terms and Conditions of Sale are binding on the Customer who declares having read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.
2. Client
The Site's Customer must be a consumer, a natural person of legal age and capacity. The Customer must create a customer account upon placing their first order on the Site. For each order, the Customer must complete an order form specifying certain mandatory fields in order for their order of Products to be processed by Laurence M Créations.
The information provided to Laurence M Créations when opening her customer account and with each of her orders must be complete, accurate and up-to-date.
Laurence M Créations reserves the right not to proceed with an order if it does not come from a customer meeting the criteria set out above.
3. Products
The essential characteristics of the Products are presented on the Website within each product description. If the Customer has any questions, they can contact Laurence M Créations by email at contact@laurencem-bijoux.com
4. Ordering Process
To place an order, the following steps must be followed:
The customer visits the website and adds the product to their basket, specifying the quantity;
The Customer checks the nature of the products added to the basket;
To delete an item, the Customer must click on "Delete" and to change the number of items, modify the quantity and click on "Refresh";
The Customer can then finalize their order or choose to continue shopping;
To conclude the purchase contract and finalize the order, the Customer fills out the order form and provides the personal data necessary for the order;
The customer must choose their delivery method;
The customer must choose their payment method;
It is the Client's responsibility to check the details of the order and in particular the total price of their order taking into account the price of the Products, the terms and costs of delivery, VAT, the product in particular in terms of quantity;
The Customer must read and accept the Terms and Conditions;
The customer proceeds with the payment.
It is the Client's responsibility to verify the accuracy of the information they provide.
Laurence M Créations reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.
Laurence M Créations will also be entitled to refuse any order placed by a Client with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these Terms and Conditions.
In these circumstances, Laurence M Créations will inform the Client by telephone or email and will proceed with the refund of the order if it has been paid for.
If the Products displayed on the Site are no longer available or for sale at the time your order is placed, Laurence M Créations must promptly notify you, and in any event, within thirty business days from the day after your order, of the unavailability of the ordered products. If you have already paid, Laurence M Créations will refund you the full amount paid for the unavailable Products.
The contract is deemed concluded upon receipt by Laurence M Créations of the order after verification by Laurence M Créations of the accuracy of the data relating to the order.
After validation of your order, an acknowledgement of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
5. Payment
The Site offers payment via Credit Card. When the order is finalized, Laurence M Créations confirms the payment by sending the Customer a summary email.
The prices displayed on the website are in euros, inclusive of all taxes (French VAT and other applicable taxes on the date of the order). Packaging, order processing, and shipping costs are indicated before order confirmation.
Laurence M Créations may change product prices at any time and without prior notice, particularly due to changes in the economic, legal, and tax environment. Products are invoiced based on the price in effect when the customer places the order.
The Products remain the full and complete property of the company Laurence M Créations until full payment of the price of each order has been received by Laurence M Créations.
Payment for purchases is made via the secure Stripe platform.
For deliveries outside the European Union, the Customer is responsible for paying any customs duties or other taxes due upon importation of the products into the country of delivery. The Customer is also solely responsible for all related formalities. The Customer is solely responsible for verifying the import regulations for the ordered Products in the country of delivery.
6. Delivery
The Products are delivered to the delivery address indicated on the order form (excluding hotels and post office boxes).
For orders under €100, the parcel is delivered via tracked letter or Colissimo by the Post Office. Orders over €100 are shipped via tracked Colissimo.
Laurence M Créations is committed to shipping all orders placed within 48 hours on business days. If the order is placed after 4 PM on Thursday, it will be processed and shipped the following Monday. Please note that during peak periods such as Christmas, Laurence M Créations reserves the right to extend the shipping time to 72 hours.
What are the delivery times?
From Monday to Friday before 10am: Parcels are shipped at 4pm
Orders placed on Thursdays after 4pm, weekends and public holidays are shipped on Mondays.
From the date of order dispatch, the average delivery times are as follows:
24 to 48 hours by tracked letter; 2 to 5 working days by Colissimo for France; 5 to 10 working days by Colissimo international.
It is specified that any change of delivery address made by the Customer after the order has been registered may result in a lengthening of the delivery time which will not be the responsibility of Laurence M Créations.
If Laurence M Créations is unable to deliver on the date indicated or within the period indicated when the order was placed, the Customer will have the option of obtaining the cancellation of the order under the conditions provided for in Article L 216-2 of the Consumer Code, i.e. by registered letter with acknowledgment of receipt, after having formally requested Laurence M Créations to make the delivery within a reasonable period by registered letter with acknowledgment of receipt, without Laurence M Créations having complied.
7. Receiving the products
If, upon delivery, the packaging is damaged, torn, or open, the Customer must check the condition of the Products inside. If these Products are damaged, the Customer must refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This verification is considered complete once the Customer, or a person authorized by them, has signed the delivery slip.
The Customer must then confirm their reservations to the carrier by registered mail no later than three days, excluding public holidays, following the date of receipt of the Products and send a copy of this letter to Laurence M Créations.
Failure to meet this deadline does not preclude the Customer from taking legal action against Laurence M Créations to obtain an exchange or refund of the Products in the event of damage or defects upon delivery. Similarly, the Customer retains their right of withdrawal under the conditions set forth in Article 9 above.
8. Guarantees
For any questions regarding commercial and legal warranties, please contact: Laurence M Créations, 1, rue Jean Rière 66100 Perpignan – contact@laurencem-bijoux.com
8.1 Commercial Warranty
In addition to the legal guarantees outlined in section 8.2 to which Laurence M Créations is bound, there is a commercial guarantee covering the repair of jewelry within 6 months of the purchase date (replacement of clasps, broken chains, gilding, soldering, and reattaching of stones). The Customer may request the application of this guarantee by mail (by returning the Product) or by visiting the store directly with the Product and proof of purchase. This guarantee is free of charge. We will reimburse the shipping costs. This guarantee is valid for six (6) months from the date of delivery of the Product. This commercial guarantee does not apply to:
Inappropriate uses and defects in use;
Damage due to mishandling, misuse or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes;
In the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene;
In case of natural wear and tear;
Interventions carried out on the jewelry by any person not authorized by Customer Service, as well as any damage resulting from such intervention.
Article L217-16 of the French Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least 7 days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.
8.2. Legal Guarantees
Unless the Client is a legal entity or a natural person acting for purposes related to their commercial, industrial, craft, or professional activity, they are entitled in all cases to the legal guarantees under which they may take action. Laurence M Créations is therefore liable for defects in conformity and hidden defects under the conditions stipulated respectively by Articles L 217-4 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.
Article L217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.
Article L 217-5 of the Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the purpose usually expected of similar goods and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.
Article L217-7 of the Consumer Code: Any lack of conformity that appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.
Article L217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse the buyer's choice if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer.
Article L217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The provisions of Articles L. 217-9 and L. 217-10 apply at no cost to the buyer. These same provisions do not preclude the awarding of damages.
Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.
Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
When acting under the legal guarantee of conformity, the Customer:
benefits from a period of 2 years from the delivery of the goods to take action;
may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
is exempt from providing proof of the existence of the non-conformity of the goods during the 24 months following delivery of the goods.
The statutory warranty of conformity applies independently of the commercial warranty provided by Laurence M Créations. When acting under the statutory warranty against hidden defects, the Customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
9. Customer's right of withdrawal
In accordance with Articles L 221-18 et seq. of the French Consumer Code, the Customer may cancel their order at their discretion without providing any reason. They have a right of withdrawal, which they (or a third party designated by them, excluding the carrier) may exercise within 7 days of receiving the Product.
Before the expiry of this 7-day period, the Customer must inform Laurence M Créations of their decision to withdraw either by sending them the withdrawal form located at the bottom of the Terms and Conditions (either by cutting it out or including it in their package, after duly completing it), or by sending an email clearly and unambiguously expressing this decision and mentioning their order number to: contact@laurencem-bijoux.com
The Customer must return the Product, at their own expense (unless the product is defective or does not conform to the contract), to Laurence M Créations, at the address indicated on the withdrawal form, no later than 7 days after notifying Laurence M Créations of their decision to withdraw. Laurence M Créations strongly advises its Customers to return products via Colissimo or Lettre Suivie (tracked letter). The Customer may also choose their preferred carrier. It is therefore recommended to retain proof of return, which means that the Products should be returned with package tracking, or by any other method that provides a verifiable date.
Laurence M Créations must reimburse the Customer, including delivery charges, no later than 14 days from the date on which Laurence M Créations actually receives the Product. The reimbursement will be made by bank transfer to the card used to pay the original invoice.
It is not possible to replace or exchange returned products. You will need to place a new order online.
Regarding returns of personalized products: Article L 121-20-2 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. However, we undertake to refund you for clearly personalized products that do not correspond to your order (defective or non-compliant).
10. Effect of the contract
The contract produces all its effects upon its conclusion and cannot be unilaterally terminated by either party, except by the Client exercising their right of withdrawal under the conditions set out in Articles L 221-18 et seq. of the Consumer Code.
11. Intellectual Property
The Client acknowledges that the Products of Laurence M Créations and the distinctive signs (image, photographs and composition of photographs, concepts, packaging, product names, texts, illustrations etc.) are the exclusive property of Laurence M Créations in particular under intellectual property law, for the entire duration of protection of these rights and for the whole world.
Some Products have been registered as designs and models and are automatically protected by copyright.
The Client shall refrain from any act of reproduction or use of Product models, packaging, photographs, photographic compositions, concepts, product names, texts, illustrations, trademarks or distinctive signs, trade secrets, techniques or know-how used by Laurence M Créations, as well as any act tending to the appropriation of these elements, whether or not they are subject to protection by Laurence M Créations by a trademark, design and model or copyright.
Therefore, any reproduction not authorized by Laurence M Créations will be subject to infringement and may result in legal action.
12. Processing of personal data
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookie Policy.
13. Dispute Resolution
In the event of a dispute, the Customer should first contact Laurence M Créations' Customer Service department by email at: contact@laurencem-bijoux.com. If no solution is found within 21 days of their request, the Customer may refer the matter to the Joint Mediation Commission for Direct Selling, 100 avenue du Président Kennedy, 75016 Paris, France, Tel.: +33 1 42 15 30 00, Email: info@cmpvd.fr, website: http://mediation-vente-directe.fr/, which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to handle, through a mediation process, disputes arising between Laurence M Créations and the Customer.
14. Applicable Law and Jurisdiction
The terms and conditions are subject to French law.
In accordance with consumer law, in the absence of an amicable agreement, all disputes arising from these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, shall be submitted to the competent court in accordance with the rules of jurisdiction under common law.
Cancellation form (printable)
(Please complete and return this form only if you wish to exercise your right of withdrawal regarding an order)
To: Laurence M Créations – 1, rue Jean rière – 66100 Perpignan
I hereby notify you of my withdrawal from the contract for the sale of the Product below: …………………………………………………………
Ordered on - - /- - /- - - - and received on - - /- - /- - - -
Order number:
Customer Name: …………………………………………………………………………………………………………………
Customer Address: ……………………………………………………………………………….………………………
Customer Signature (only if this form is submitted on paper): …………………………………………………………………………………………………………………………………………………………………………..
Date