
Preamble
These general terms and conditions of sale are concluded on the one hand by the company AVAE CREATION (the "seller", whose head office is located at 1159 Chemin des Génévriers 83260 La CRAU, registered with the Chamber of Trades and Crafts SIREN number 490617883 and manager of the site avaecreation.com and, on the other hand, by any natural or legal person (the "Customer") wishing to make a purchase via the website avaecreation.com.
The General Conditions of Sale apply to all product orders placed via the avaecreation.com website.
The Customer declares to have read without restriction or reservation these General Conditions of Sale as well as the Confidentiality Policy, and to have accepted them by checking the box provided for this purpose before implementing the payment procedure on the avaecreation.com site.
Article 1. Purpose
These terms of sale aim to define the contractual relations between AVAE CREATION and the Customer, and the conditions applicable to any purchase made through the website avaecreation.com The acquisition of a product through this site implies unreserved acceptance by the Customer of these terms of sale, which the Customer acknowledges having read prior to his order. Before any transaction, the Customer declares on the one hand, that the purchase of products on the site is not directly related to his professional activity and is limited to strictly personal use, and on the other hand, to have full legal capacity, allowing him to commit to these general terms of sale. The company Avae Création reserves the right to modify these terms of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the Customer's order.
Article 2. Products
The products offered are those that appear on the avaecreation.com website of the company Avae Création, within the limit of available stocks. The company Avae Création reserves the right to modify the product assortment at any time. Each product is presented on the website in the form of a description including its main technical characteristics (composition, size, color, etc.). The visuals of the jewelry with Tahitian pearls are as faithful as possible, but each Tahitian pearl being unique, the colors of the Tahitian pearls may have characteristics that are slightly different from the photos. The sale of the products presented on the aavaecreation.com website is intended for all Customers residing in France and around the world. Avae Création also offers a gift card in the form of a voucher that allows its holder to pay for their purchases, in one or more installments, within the limit of the available balance and its validity date, by supplementing if necessary with another means of payment. The validity period is limited to 12 months, taking effect from the date of purchase. The remaining balance of the gift card will be visible in the customer's account. The card cannot be exchanged, taken back, resold, refunded, or credited to a bank card or bank account.
Article 3. Rates
The prices shown on the product sheets of the online catalog are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the prices of the products. Avae Création reserves the right to modify its prices at any time, it being understood, however, that the price shown in the catalog on the day of the order will be the only one applicable to the Customer. The prices indicated do not include delivery costs, invoiced in addition to the price of the products purchased according to the total amount of the order. In mainland France, a flat rate contribution to shipping costs will be invoiced to the Customer, in the amount of €4.00 including tax for home delivery. Worldwide, these costs will be invoiced at €5.00 including tax for home delivery. Free delivery from €100 in mainland France. In addition, the customer may have to pay customs duties or other taxes due on the occasion of the importation of the products into the country of the place of delivery.
Article 4. Order and payment terms
Before any order, the Customer must create an account on the avaecreation.com website. At each visit, the Customer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using his information. The company Avae Création offers the Customer to order and pay for his products in several stages. The Customer selects the products he wishes to order in the "basket", modifies if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Then the shipping costs are calculated and submitted to the Customer, as well as the name of the carrier. To finalize the order, the Customer must accept the General Terms and Conditions as well as the Privacy Policy of the site by checking the box provided for this purpose and then validate the order by clicking on the "validate order" button. It is possible to pay by PayPal or credit card. For payment by credit card, the Customer must be the holder of the credit card used. It accesses a dedicated space made available by a banking institution, which ensures the security of the recording of the payment order. It is also possible to pay in 3 installments without fees with Stripe: In order to offer you Stripe's payment options, we may be required to transmit to Stripe your personal data including your contact details and the details of your order, so that Stripe can assess whether you meet the conditions required to benefit from them and adapt them to your needs. Your transferred personal data will be processed in accordance with Stripe's privacy policy. In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debit of the amounts owed by the Customer proves impossible, the order will not be recorded by Ava Création.
Article 5. Reservation of ownership
Avae Création retains full ownership of the products sold until full payment of the price, including principal, costs and taxes.
Article 6. Withdrawal
Under Article L121-20 of the Consumer Code, the Customer has a period of 14 days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for a refund without penalty except for shipping and return costs, provided that the product has not been worn and that the jewel can keep its small reference tag as well as its original packaging. If the jewel no longer has its original packaging (reference label, plastic, pouch), no refund will be made. Refunds can only be made to the bank card used for payment. If a jewel was purchased with a discount code, then the refund will take into account the amount paid with this code. The same applies to a defective jewel. It is not possible to replace or exchange returned products. You will have to place a new order online. For any order cancellation, send us an email within one hour of your avaecreation.com order, specifying your full name and your order number, we will do the necessary.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be the agreed geographical area. Orders are made by La Poste via LETTRE SUIVI, a delivery service with tracking number. Delivery times are 30 days (holiday period) for mainland France and 45 days (holiday period) for the whole world. The times are given for information purposes only. Avae Création may provide the Customer with the tracking number of their package by email. The Customer is delivered to their home by their postman. The risks associated with transport are the responsibility of the purchaser from the moment the items leave the premises of Avae Création. Delivery times are the sole responsibility of the carriers and under no circumstances can Avae Création be held liable in the event of non-compliance with delivery times. In case of loss of package or empty package, an investigation will be opened with the carrier with as document provided an identity document as well as a certificate of non-receipt of the package. The order will be returned, no request for reimbursement will be taken into account. Delivery times may be extended during the end of year holidays and during special operations (Black Friday, Valentine's Day, Mother's Day, ...). If a package is returned to the sender for various reasons (Unclaimed, Incomplete Address, ...), the company Avae Création will then reimburse the Customer's order with the exception of shipping costs.
Article 8. Warranty
Garantie Légale
All products supplied by Avae Création benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold online, it may be returned to Avae Création, which will take it back, exchange it or refund it. However, all jewelry offered during a promotional offer will not be exchanged or refunded. All complaints or requests for refund must be made by post to the following address: Mme Chevalier 1159 chemin des Génévriers, 83260 La CRAU (France) within 14 days after delivery. Refunds can only be made to the bank card used for payment.
Garantie Commerciale
AVAE CREATION products purchased only on this site are guaranteed for 6 months against any production defect and upon presentation of the invoice. Defective jewelry will be either repaired or exchanged. No refund on a defective piece of jewelry will be made, only a credit will be offered to you for the value of the returned jewelry, usable on our e-shop. Once the jewelry is repaired or exchanged, it will be returned to the billing address except in the case of specific requests. The defective jewelry that cannot be repaired will be kept by our after-sales service. However, the warranty does not cover: - Natural wear and tear of the product; - Breakage of an element constituting the jewelry; - Loss of a piece of jewelry or an element of the jewelry; - Non-compliant use and maintenance as well as defects in use or maintenance; - Deterioration due to an intentional or accidental physical handling error, to use for professional or commercial purposes; - Apparent defects and products damaged during transport, after delivery or due to improper use; - Interventions carried out on the jewel by any person not mandated by the After-Sales Service as well as deterioration resulting from such intervention; - The return of the jewel offered during a promotional offer. Please send your return requests to avaecreation83@gmail.com (invoice, photo of the product and description of the defect) before any physical return of the product. Defective products are processed within a minimum period of 15 days.
Article 9. Liability
The company Avae Création in the process of distance selling, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the network such as loss of data, intrusion, virus, service interruption, or other involuntary problems.
Article 10. Intellectual property
All elements of the avaecreation.com site are and remain the intellectual and exclusive property of the company Avae Création. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text. Any simple or hypertext link is strictly prohibited, except with the express written consent of Avae Création. Certain products have been registered as designs and models and are automatically protected by copyright. The Customer is prohibited from any act of reproduction or use of product models, packaging, photographs, concepts, product names, texts, illustrations, brands or distinctive signs, business secrets, techniques or know-how used by Avae Création, as well as any act tending to the approval of these elements, whether or not they are protected by Avae Création, by a brand, a design or a copyright.
Article 11. Personal data
Avae Création undertakes to preserve the confidentiality of the information provided by the Client, which it would be required to transmit for the use of certain services. Any information concerning it is subject to the provisions of law n°78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning it. He can make a request at any time by mail to the following address: Anna Chevalier, 1159 chemin des Génévriers, 83260 La Crau (France)
Article 12.Droit applicable et litiges
In the event of a dispute, the Customer may contact Avae Création Customer Service by mail: avaecreation83@gmail.com An amicable solution will be sought before any legal action. Failing this, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law. The General Terms and 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. These distance selling conditions are subject to French law. For any dispute or litigation, the French courts will have sole jurisdiction.