Terms of sale
Effective as of 02/01/2021
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer") wishing to purchase the products offered for sale ("the Products") by the Seller on the website www.elietop.com. The Products offered for sale on the website are as follows:
Jewellery
The main characteristics of the Products, in particular the specifications, illustrations, and indications of the dimensions or capacity of the Products, are presented on the website www.elietop.com, which the customer is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when the order is placed.
These GTC are accessible at any time on the website www.elietop.com and shall prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.elietop.com.
Unless proven otherwise, the data recorded in the Seller's computer system shall constitute proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Elie Top France, SARL
Social capital of 184796 euros
Registered with the RCS of Paris, under the number: 502448343
217 rue Saint Honoré 75001 Paris
Email: jdewavrechin@elietop.com
Phone number: +33 (0)6 09 02 33 22
VAT identification number: FR58502448343
The Products presented on the website www.elietop.com are offered for sale in the following territories:
America, Asia, Europe.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated exclusive of taxes on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and shall be the sole responsibility of the Customer.
ARTICLE 2 - Prices
The Products are provided at the prices in effect on the website www.elietop.com, at the time of the order registration by the Seller.
Prices are expressed in Euros, excluding and including taxes.
The prices take into account any discounts that may be granted by the Seller on the website www.elietop.com.
These prices are firm and non-revisable during their validity period, but the Seller reserves the right to modify the prices at any time outside of this period.
The prices do not include processing, shipping, transport, and delivery fees, which are billed in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is established by the Seller and given to the Customer upon delivery of the ordered Products.
ARTICLE 3 – Orders
It is the Client's responsibility to select the Products he wishes to order on the website www.elietop.com, according to the following terms:
The client chooses a product and puts it in his cart. Once validated, we send it to him within 3 days to 6 weeks, depending on availability in stock.
Product offers are valid as long as they are visible on the website, subject to available stocks.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the website www.elietop.com constitutes the formation of a contract concluded remotely between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.
The Client can track the progress of his order on the website.
Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 Bis - Customer space - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do so, he must register by filling in the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. It is specified that he can modify them by connecting to his account.
To access his personal space and order history, the Customer will have to identify himself using his username and password, which will be communicated to him after his registration and which are strictly personal. In this respect, the Customer agrees not to disclose them. Otherwise, he will remain solely responsible for their use.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to:contact@elietop.com. This will be effective within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website www.elietop.com will have the possibility to suspend or even close a customer's account after a formal notice sent by electronic means and remaining ineffective.
Any deletion of an account, whatever the reason, results in the complete deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance does not engage the responsibility of the Seller.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 - Payment Conditions
The price is paid via a secure payment method, according to the following terms:
- payment by credit card
- Payment by check
- or payment by bank transfer to the Seller's bank account (whose details are communicated to the Customer when placing the order)
The price is payable in full by the Customer on the day the order is placed.
However, when indicated on the website www.elietop.com, the Customer may pay according to the following conditions and schedule:
100% before delivery, depending on the possibilities.
In case of late payment and non-payment of the amounts due by the Customer beyond the above-mentioned deadlines, and after the payment date indicated on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the VAT-inclusive amount of the purchase price appearing on the invoice will be automatically and fully acquired by the Seller, without any formality or prior notice.
Late payment will result in the immediate due date of all amounts due by the Customer, without prejudice to any other action that the Seller may be entitled to take against the Customer.
In addition, the Seller reserves the right, in case of non-compliance with the payment conditions above, to suspend or cancel the delivery of current orders placed by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider for bank transactions carried out on the website www.elietop.com.
In the case of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco.
Checks are cashed upon reception.
Payments made by the Customer will be considered final only after effective collection by the Seller of the amounts due.
The Seller will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the full price in the above-mentioned conditions.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in metropolitan France or in the following zones:
America, Asia, Europe.
Deliveries will be made within 3 to 43 days to the address indicated by the Customer when placing the order on the site.
Delivery is made by the transfer of physical possession or control of the Product to the Customer. Unless otherwise specified or if one or more Products are unavailable, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the above-mentioned deadlines.
If the Products ordered have not been delivered within 50 days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be terminated at the written request of the Customer in the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to him/her no later than fourteen days after the date of termination of the contract, excluding any indemnity or retention.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when placing the order and to which the carrier can easily access.
When the Customer has himself/herself chosen to use a carrier of his/her choice, delivery is deemed to have been made as soon as the Products ordered by the Seller have been handed over to the carrier who has accepted them without reservations. The Customer acknowledges that it is the carrier's responsibility to deliver the Products and has no warranty claim against the Seller in case of failure to deliver the goods transported.
The Seller also offers free delivery to one of its stores accessible via the following link or locations: 217 rue Saint Honoré 75001 Paris.
In case of a specific request from the Client regarding the packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on a prior quote accepted in writing by the Client.
The Client is responsible for verifying the condition of the delivered products. They have a period of 3 days from the delivery date to make any claims by email, accompanied by all supporting documents (including photos). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects, and no claim can be validly accepted by the Seller.
The Seller will refund or replace, at their expense and as soon as possible, the delivered Products for which the lack of conformity or apparent or hidden defects have been duly proven by the Client, in accordance with the provisions set out in Articles L 217-4 and following of the Consumer Code, and those set out in these terms and conditions.
The transfer of risks of loss and deterioration will only take place at the moment when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller's risk and expense, except when the Client has chosen the carrier themselves. In this case, the risks are transferred at the moment when the product is handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Seller's Products to the Client will only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of withdrawal
Due to the nature of the Products sold, orders placed by the Client do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the order is placed by the Client according to the terms specified in these GTC.
ARTICLE 8 - Seller's liability - Guarantees
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged, or non-compliant Products,
the legal guarantee against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and rendering them unsuitable for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is required to deliver goods that are in conformity with 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 packaging, assembly instructions or installation when the latter was made the seller's responsibility by the contract or was carried out under the seller's responsibility."
Article L217-5 of the Consumer Code
"The goods comply with the contract:
1° If it is suitable for the use usually expected of a similar good and, where appropriate:
- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L217-12 of the Consumer Code
"The action resulting from lack of conformity is prescribed after two years from the delivery of the goods."
Article 1641 of the Civil Code.
"The seller is bound by the warranty on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."
Article 1648, paragraph 1 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect."
Article L217-16 of the Consumer Code.
"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon acquisition or repair of a movable asset, to carry out a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee remaining. This period runs from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention."
In order to exercise his rights, the Client must inform the Seller, in writing (by email or letter), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will reimburse, replace or repair the Products or parts under warranty that are deemed non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of receipts.
Reimbursements, replacements or repairs of products deemed non-compliant or defective will be made as quickly as possible and no later than 3 weeks following the Seller's discovery of the conformity defect or hidden defect. This refund may be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the responsibility of the Customer to verify.
- In case of improper use, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the product, accident or force majeure.
The photographs and graphics presented on the website are not contractual and cannot engage the Seller's liability.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective products.
ARTICLE 9 - Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller, as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected only for the purpose of executing the sales contract..
9.1 Collection of personal data
The personal data collected on the website www.elietop.com is as follows:
Account opening
When creating a Client/user account:
First and last names, postal address, phone number, and email address.
Payment
As part of the payment for Products offered on the website www.elietop.com, financial data related to the Client/user's bank account or credit card is recorded.
9.2 Recipients of personal data
Personal data is reserved for the exclusive use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and, from May 25, 2018, of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data collected for a period of 5 years, covering the time of prescription of contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures for digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the internet.
9.7 Implementation of Clients and users' rights
In accordance with the regulations applicable to personal data, Clients and users of the website www.elietop.com have the following rights:
They can update or delete their data by writing an email to: contact@elietop.com.
They can delete their account by writing to the email address indicated in Article 9.3 "Data controller."
They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller."
If the personal data held by the Seller is inaccurate, they can request that the information be updated by writing to the address indicated in Article 9.3 "Data controller."
They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller."
They can also request the portability of data held by the Seller to another service provider.
Finally, they can object to the processing of their data by the Seller.
These rights, provided that they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data controller, whose contact details are indicated above.
The data controller must respond within a maximum of one month.
In the event of a refusal to comply with the Client's request, the reasons must be given.
The Client is informed that in the event of a refusal, they may file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or bring an action before a judicial authority.
The Client may be asked to check a box indicating that they accept receiving informational and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the website www.elietop.com is the property of the Seller and its partners and is protected by French and international laws related to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 11 - Applicable Law - Language
These General Terms and Conditions and the operations arising from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.
ARTICLE 12 - Disputes
For any claim, please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these General Terms and Conditions.
The Client is informed that he/she may in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
In this case, the designated mediator is
_______________
_______________
_______________
E-mail : _______________.
The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations carried out in accordance with these General Terms and Conditions (CGV) and that have not been settled amicably between the seller or through mediation, will be subject to the competent courts under the usual legal conditions.
