general conditions of sales

GENERAL TERMS OF SALE RAMBAUD-PEARL.COM

As applicable on 1st March 2010

• Art.1 : Scope of the general terms of sale
• Art.2 : Products
• Art.3 : Orders
• Art.4 : Prices and invoicing
• Art.5 : Modes of payment
• Art.6 : Delivery
• Art.7 : Returns / Exchange / Reimbursement
• Art.8 : Guarantees
• Art.9 : Limitation of liability
• Art.10 : Personal data
• Art.11 : Intellectual property
• Art.12 : Disputes
• Art.13 : Customer acceptance

Art.1 : Scope of the general terms of sale

The company Rambaud SAS, the registered address of which is 8 Rue La Fayette 75009 PARIS, France, with capital amounting to 944 000 Euros, registration no. 572 039 576 RCS Paris, tel.: 01 48 24 34 50 (hereafter called "the company") offers for sale a range of products destined to a clientele comprised of private individuals, through the intermediary of its Internet site www.rambaud-pearl.com (hereafter called "the site"’).
These general terms of sale are applicable to all sales made by the company through its Internet site, to the exclusion of any other condition. These general terms of sale aim to define the modes of sale between the company Rambaud SA and the consumer, from the time of the order to when the services are provided, including payment and up until delivery.
They govern all the stages necessary for placing the order and ensure monitoring of the order by the contracting parties.

Art.2 : Products

The company Rambaud conceives, manufactures and commercializes jewellery items made using cultured pearls. Through its on-line internet site rambaud-pearl.com, it offers jewellery items manufactured using cultured pearls from Tahiti, Japan, China… for sale to a clientele comprised of private individuals.
The essential characteristics of the products are described in the product specifications. The company Rambaud SA specifically reserves the right to add on new products, remove all or part of the products sold or presented on the catalogue, change their presentation or cease commercialization of them on the site at any time, with no obligation to give the client prior notice.
Our offers of products and prices are valid as long as they are visible on the site, within the limit of the stocks available.
On receipt of your order, we will check availability of the product(s) ordered. If there is no availability, we undertake to either deliver the ordered product or refund your money within 30 days counted from validation of the order.
In the event of stock shortage of one of the products in your order, we will inform you immediately by e-mail or by telephone and ship the rest of your order, accompanied by a message with information on the picking slip.

Art.3 : Orders

In accordance with the electronic signature act of 13th March 2000, any order validated by the consumer who has both accepted the general terms of sale and validated his or her shopping basket constitutes an irrevocable acceptance which may not be revoked except within the limitations envisaged in these general terms of sale, in the same way as the "right to withdrawal" and "shortage of stock".

The client guarantees that the information supplied to the company is complete, exact and up-to-date. In the event of incomplete or inexact information, the company reserves the right to purely and simply cancel the order and the payment. In accordance with the information technology and liberties act of 6th January 1978, the client has the right to access, modify, rectify and remove his or her personal details. To exercise this right, all the client has to do is send an e-mail via this form or a letter to Rambaud SA - Service Vente en ligne - 8 Rue La Fayette 75009 PARIS, France.
The client must check all the information submitted during the course of the order (product ordered and quantity, delivery address, invoicing address, telephone number...). This information is recapped on the confirmation e-mail sent to the client after reception of the order by the on-line sales service of the company Rambaud. If an anomaly is found, the client must contact the customer services within 24 hours as counted from receipt of the confirmation e-mail, either by e-mail via this form or by telephone on 01.48.24.34.50.
The company Rambaud will accept no responsibility for any possible typing errors on the part of the client or the consequences they may have in terms of delivery error or delay, even in the case of orders placed by telephone. Hence if the delivery cannot take place due to a typing error of the client, the latter will by liable for payment of the cost of returning the order. In this case, the client will abstain from making any complaint regarding the delay in delivery.

Order modification :
If, after validation of the order, the client wishes to modify it, he or she must contact the customer service department within a period of 24 hours, either by e-mail via this form, or by telephone on 01.48.24.34.50

Art.4 : Prices and invoicing

4A/ Prices and promotions

The products sold on rambaud-pearl.com are reserved for private individuals. The prices of our products are given in Euros with all taxes except for contribution to postage and packaging costs.
Rambaud-pearl.com reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order is validated.
During certain periods, the client may also take advantage of promotional offers on certain products. These offers will be advertised on-line on the site and will be valid throughout the indicated period and always within the limitation of the stocks available.
The products remain the property of Rambaud SA until full receipt of the total amount owing for the order.

4B/ Invoicing

An invoice is drawn up for each delivery and sent by the company to the customer at the address the latter has given at the time the order was taken.
Any claim regarding the invoices must be notified to the company by e-mail within the 10 days following receipt of said ordervia this form. In the absence of this notification, the invoices are considered as accepted with no reservations whatsoever.
Incomplete delivery of an order cannot justify refusal to pay for the delivered products. Under no circumstances is any litigation in which the client opposes the company cause for suspending settlement of the undisputed part of the invoice.

Art.5 : Modes of payment

5A/ Secure on-line payment by bank card

At rambaud-pearl.com, payment on-line is made totally secure by a server functioning in SSL mode (128 bits) and thanks to the on-line payment solution of our partner HSBC, OGONE, you have the guarantee of being able to pay for your purchases on our site with complete piece of mind.
Our site accepts French bank cards (bearing the initials CB) and international bank cards (bearing the initials VISA or MASTERCARD).
You give the card number, the expiry date and the name of the card holder. For increased security, you also give the card security code, the 3 last digits of the number on the reverse of the card, near the signature.
All your bank transactions are performed through the secure servers of the bank HSBC: neither the company Société Rambaud, nor any cybernaut has access to your bank coordinates. Even the HSBC does not know the details of your purchase. Your private life is completely protected.

5B/ Securitized payment by Paypal

PayPal enables you to pay directly without giving your financial information to Rambaud-pearl.com. PayPal automatically encrypts your confidential data with the help of the best technology available on the market. You pay on-line, simply giving your e-mail address and your password.

Art.6 : Delivery

Order preparation period:

The company will make every effort to process the order within the 24 or 48 hrs. following confirmation of payment.
Deliveries only take place in accordance with availability and in the order of arrival of the orders. In the event of shortage of stock for one of the products ordered, the company will inform the client of the new availability of the products, and proceed to carry out partial delivery of the order unless instructions to the contrary are given immediately.
In addition to this preparation period one must add the delivery period itself which, to give an idea, range from 48 to 72 hours for a delivery in metropolitan France, depending on the department.
All our deliveries are made by the POSTAL SERVICE from Monday to Friday, except for public holidays.
Delivery takes effect when the products are collected by the transporter who will deliver the order to the delivery address given by the client on the order form and hand over the delivery slip.

Please click here to consult our delivery rates Under no circumstances may delay in delivery entitle the customer to cancel the orders being processed, and no compensation or penalty for late delivery may be claimed whatever the causes, extent and direct or indirect consequences. The company will not be responsible as a result of late deliveries attributable to the LA POSTE postal service or any other event beyond its control (force majeure). Among others, the following are considered cases of force majeur, releasing the company by law and without formalities from its obligation to deliver and in more general terms, from any responsibilities: lock-outs, strikes, manufacturing accidents or delays, war, riots, fire, flooding, water damage, storm, lightning, requisitioning, decision of any kind by authorities, lack of or delay in transportation of the products or, in general terms in the case of any event beyond the control of the company. The company will keep the client informed, within a reasonable period, of cases and events involving force majeure liable to disrupt the delivery process of the ordered product. However, if the ordered product has not been delivered 30 after the estimated date of delivery, for any reason other than a case of force majeure, the sale may then be cancelled at the request of the client by means of an e-mail via this form. In this case the client may receive a refund of the amount paid for the order, to the exclusion of any other compensation or damages / interests. The client will also have the possibility of accepting a new delivery period, however this will not entitle him or her to demand a reduction in price or damages / interests. In any event, delivery can only take place within the given periods if the client is up to date with his or her obligations towards the company, whatever the cause.
The client will be advised by e-mail or by telephone in the event of an exceptional shortage of stock. He or she may then request a partial delivery and for the article(s) concerned to the sent later or request reimbursement of the amount of the undelivered products.

In the event of a shipment outside the European Union, taxes may be charged on receipt of your parcel. These taxes, which depend on the country, are payable by you. We cannot inform you of the exact amount involved.

Art.7 : Returns / Exchange / Reimbursement

7A/ Right to retraction

If the product does not correspond to the expectations of the client, the company undertakes to refund or exchange the product if the request is made during the 7 working days following delivery.
Before returning the product, the client must first obtain a returning number from our customer service department: to do so, all you have to do is fill out this form.
The client must give the reference number of the returned product, the invoice number concerned and the exact reason for the request.

It is imperative that the product is returned in its full original packaging (product, accessories etc...) and be in a perfect condition, accompanied by the invoice.

Within the scope of the implementation of the right to retraction, the costs of returning the product are payable by the customer.
The product must be returned to the following address: Rambaud SA, Service Après-Vente Internet, 8 Rue LA Fayette 75009 PARIS France;

By law, merchandise travels at the risk of the client. As such, the company advises the client to take all the appropriate measures and guarantees to cover this risk and ensure optimal protection of the product.
The company reserves the right to refuse any return that is not in accordance with the conditions mentioned above.
No reimbursement may be issued on receipt of a damaged product if the company has not been informed of its condition first.

If the product is not exchanged the product and the delivery costs invoiced originally will be reimbursed in full.

7B/ Defect upon unpacking - Incorrect delivery

In the event of delivery that does not correspond to the order, the company will proceed to exchange or make a full refund for the product.
In accordance with articles L 211-4 and on of the Consumer Code, the customer enjoys a guarantee that allows him or her to send back any articles delivered that are faulty.
The request for return or exchange must be made as quickly as possible after delivery, to our customer service department, who will assign a return number.
The product must be returned in its full original packaging (product, accessories...), accompanied by the invoice.
The product must be returned to the following address: Rambaud SA, Service Après-Vente Internet, 8 Rue La Fayette 75009 PARIS France.

A product exchange will be carried out insofar as this is possible. If it is not possible, the product and the delivery costs invoiced originally will be reimbursed in full.

7C/ Faulty product under guarantee

If a problem arises with the product and it is still under guarantee *, the customer must contact the After-Sales Service by telephone on 01 48.24.34.50 or by filling out the contact form available under the heading "Contact" and then Service Après-Vente (After-sales service).
If the problem cannot be solved at a distance, the faulty product must be returned to our After-sales service accompanied by the invoice, at the following address: Rambaud SA, Service Après-Vente Internet, 8 Rue La Fayette 75009 PARIS France.
The return transportation costs will be payable by the client.

In reference to articles 1641 to 1649 of the Civil Code, the client has the right to return the product in the event that he or she notices a hidden flaw or a faulty product.
* see art.8 - Guarantees

Art.8 : Guarantees

The products sold by the company Société Rambaud SA are the object of a contractual guarantee of 6 months (subject to modifications in the law), counted from the date of purchase of the product by the end user. Only the products and accessories of the Rambaud brand are included in this guarantee.

This guarantee covers flaws in material or assembly attributable to Rambaud SA to the exclusion of all deterioration deriving from incorrect usage of the product.

Art.9 : Limitation of liability

The photographs reproducing the products are not contractual. The client is asked to notice the technical characteristics of the products before proceeding to place an order.

The company Rambaud may only be held liable in the event of an obvious flaw in the product characteristics, its illustration or conditions of sale.
In the event of links to external sites, the company Rambaud may not be held liable in cases where the contents of the external site contravenes legal stipulations and/or regulations.

If the liability of the company is to be deducted following non-fulfilment or incorrect fulfilment of the services, it is expressly understood that the total compensation may not exceed an amount equal to the price of the product that is the cause of the damages.

Art.10 : Personal data

This site has made a declaration to the CNIL (French data protection agency), no. 1425696.
All the information gathered by www.rambaud-pearl.com from the client is subjected to IT processing designed to process the order on-line and for subsequent contractual obligations, such as guarantees. It may be used for market research and communication of promotions linked exclusively to the activities of the company Rambaud, and be transmitted to suppliers of the company Rambaud or any administrative or judicial authority that requests it, with the specific authorisation of the customer.
In accordance with the information technology and liberties act no.78-17 of 6th January 1978, the client may access the personal information that concerns him or her in the possession of www.rambaud-pearl.com at any time, and request modification or removal of it by sending an e-mail via this formor by letter sent to the following address: Rambaud SA, Service Après-Vente Internet, 8 Rue La Fayette 75009 PARIS France. In this way the client may irrevocably request that any inexact, incomplete, erroneous or outdated information, or data it is forbidden to collect, use, communicate or hold concerning the client be rectified, completed, clarified, updated or erased.
In the interests of improving its knowledge of the client and providing information adapted to his or her requirements, the company Rambaud may collect personal information by using cookies. The client may oppose this by de-activating this function. To do so, consult our "mentions légales" (legal notice).

Art.11 : Intellectual property

All the visual or sound elements that make up the website www.rambaud-pearl.com, whether they be texts, contents, comments, illustrations, images, photographs or videos, and including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the site www.rambaud-pearl.com.
Any total or partial reproduction of the site www.rambaud-pearl.com is strictly forbidden.
Any user who has a personal internet site and who wishes to place a link leading directly to the homepage of the site www.rambaud-pearl.com on his or her website is obliged to ask for authorisation from the company Rambaud. All links must be removed at the mere request of the company Rambaud.

Art.12 : Disputes

These general terms of sale and the contract of sale are subject to French law.
Any dispute relating to the interpretation, implementation or breaking of the contract between the company Rambaud and the client will exclusively come under the jurisdiction of the French Courts, even in the case of action to enforce a guarantee or when there is more than one defendant.

Art.13 : Customer acceptance

The client expressly agrees to and accepts the above general terms of sale and the prices. The client declares and acknowledges perfect knowledge of them, thereby renouncing his or her right to take advantage of any contradictory documents and in particular of his or her own general terms of sale. The act of purchase implies acceptance of these general conditions of sale.
If any one of the clauses in these General Terms of Rambaud.com is declared totally or partially void, the other clauses and the other rights and obligations arising from these General Terms will remain unchanged and applicable.
The updated version of the General Terms of Sale of Rambaud-pearl.com is continuously accessible on-line for the customer.

Update of the general terms of sale on 1st January 2010.