ARTICLE 1: PREAMBLE AND CONTACT

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1.1 Preamble

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These general conditions of sale apply exclusively between the company SHAGREEN ET TORTOISE (hereinafter "We") and any person visiting or making a purchase via the site www.shagreen-et-tortoise.com. (hereinafter "You"). They also contain the SHAGREEN ET TORTOISE warranty policy.

Any Internet user can read the TERMS & CONDITIONS on the site www.shagreen-et-tortoise.com (hereinafter the “Site”). These TERMS & CONDITIONS may be subject to modifications, the applicable conditions are those in force on the site on the date of placing your order.

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1.2 Contact and identification of the seller

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SHAGREEN ET TORTOISE is managed by EIRL MH LAPIE whose head office is located at 49 Rue Jean-Baptiste Pigalle  - 75009 Paris

Registered with the RCS of Paris under number 797 702 461

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If you would like to contact us, here are our contact details:  contact@shagreen-et-tortoise.com

Director of publication: Marie-Hélène Lapie

Site Host: GO DADDY

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ARTICLE 2: CONTRACT

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2.1 Conditions for placing an order

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• You declare that you are a natural person, at least 18 years old and have the legal capacity or hold parental authorization allowing you to place an order on the Site.

• You act for your personal needs

• You accept without conditions, these general conditions of sale

• You are fully entitled to use the payment card for the transfer of your order and it gives you access to sufficient funds for the full payment of your order.

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If one or more of these four conditions is not met, you are not authorized to use this site and to place an order.

 

2.2 Order

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After placing your order, we will send you an email confirming your order.

You can track your order on the site  www.shagreen-et-tortoise.com, section TRACK ORDER.

Your order will include an invoice in euros that you can also download following your receipt, in the MY ORDERS section.

 

2.3 Jewel box

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Each piece of jewelry purchased is delivered with a jewel box.

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ARTICLE 3: PRICE, AVAILABILITY, DELIVERY AND CUSTOMS

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3.1 Price

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The prices displayed on the site are indicated in euros all French taxes included (European VAT and other applicable taxes), including:

• the costs of processing your order

• all packaging costs, including boxes, in which each piece of jewelry ordered will be delivered  

We reserve the right to change our prices without notice and at any time. Products already ordered will be invoiced according to the prices at the time of registration of your order.

Despite our best efforts, a number of products on our Site may contain a price error.  

The "store prices" displayed on the site correspond to prices observed in stores in France for identical products, or prices at which we believe that a comparable product would be offered by a store in France, using our methods of 'price evaluations. In any case, this indicative price does not engage our responsibility.

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3.2 Availability and delivery

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We inform you of the standard delivery date on the information page of each product. In the event of a change in size or reference once your initial order has been validated and paid for, the delivery date indicated during your purchase and in your account is no longer valid and will have to be evaluated again by customer service once your modification request will have been taken into account by the latter. We do not guarantee in any case delivery on the date linked to the first choice of jewel since the change of reference or size may cause a delay in the manufacturing process and usual delivery.

The delivery time for products in stock is on average 1 to 2 weeks.

If, despite our efforts, a product could not be delivered, we will inform you by e-mail and / or telephone as soon as possible and your order will be canceled, without this giving rise to any compensation other than the refund of the order.

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Deliveries are made in France and in the countries of the European Union.

 

We can also deliver to most countries internationally. However, customs services can incur additional costs and delays which are not under our responsibility.

 

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3.3 Delivery conditions and costs

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Deliveries are offered to you:

- in mainland France from € 200

- in a country of the European Union from 500 €

- internationally from 700 €

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The delivery costs outside these conditions are detailed below:

mainland France: € 7

European Union: 15 €

International: 20 €

 

We follow each of our shipments personally and you too have the possibility to follow your order thanks to a tracking number which is communicated to you as soon as your order is sent.

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3.3 Customs duties for the European Community

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Orders being shipped from France, no customs duty applies for deliveries within the European community.

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3.4 International customs duties

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For orders outside the European Union, the customer is responsible for any tax or customs duty claimed by the customs services of the country of destination. We are not able to calculate the cost of these potential charges for you. EIRL MH Lapie cannot be held responsible for any delay due to the passage through the customs services of the country of destination.

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If you have difficulty placing your order or need more details, please write to us:

contact@shagreen-et-tortoise.com

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ARTICLE 4: PAYMENT

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4.1 Possible payment methods

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We provide you with several 100% reliable payment methods:
 

Payment by credit card: You can pay for your purchases by VISA, AMERICAN EXPRESS and MASTERCARD  (Please make sure with your bank that you have 3d secure).  The payment page on which you enter your credit card number is completely secure. You can verify this by checking for the presence of a padlock in your browser window. This padlock guarantees that your card number is encrypted before being sent to us (thanks to "SSL" information encryption technology, the most widely used solution in the world). No one can see it or use it without your knowledge.

In addition to being encrypted, your card number is not stored (this is why we ask you to enter it each time you place an order on our site), which prevents their theft by fraudsters.

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Payment via Paypal: Paypal is a free, fast and secure payment solution. Your financial information is stored only at Paypal which ensures the perfect security of your transaction. For more information see the Paypal website:  www.paypal.com

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Payments by check or money order are not accepted.

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4.2 Refusal of payment and cancellation of order

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For security reasons, we reserve the right to refuse payments and thus cancel orders:

• for a delivery address not listed, in hotels or PO boxes

• if we are unable to reach the person who placed the order

• for any doubt on the merits of the order

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ARTICLE 5: RESPONSIBILITY

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We decline all responsibility in the event that the delivered item does not comply with the legislation of the country of delivery outside the European Union.

We are committed to providing all the care in use in the profession for the implementation of the service offered to the customer. Nevertheless, our responsibility cannot be retained in the event of breach of our contractual obligations due to a fortuitous event or a case of force majeure as defined by the law rendered by the French courts.

In addition, in the event of non-substantial differences between the presentation photos of the articles on our Site, texts and illustrations and the articles ordered, our responsibility will not be engaged.

We implement all the means at our disposal to ensure the services covered by these TERMS & CONDITIONS. We are responsible for any direct and foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between us and you, however this repair may not in any case exceed the amount of the purchase concerned.

Under no circumstances will we incur any liability for loss of profits, commercial losses, loss of data or loss of profit or any other indirect damage or which was not foreseeable at the time of use of the Site or of the conclusion of the contract. of sale between us and you.

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ARTICLE 6: RETENTION OF OWNERSHIP

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The delivered goods will remain our property until you take physical possession of the delivered product once you have paid for it.

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ARTICLE 7: RETURNS AND WITHDRAWAL

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The priority of SHAGREEN ET TORTOISE is to please you. You have an unconditional right of withdrawal of (14) fourteen calendar days after receipt of your invoice without having to justify it.

Please note that the delivered products must not have been used. If you wish to exercise your right of withdrawal and cancel the sales contract, SHAGREEN ET TORTOISE will reimburse you  the amount spent with the exception of the shipping costs and provided that the products have not been worn or damaged, and returned in their original SHAGREEN ET TORTOISE box, otherwise they will be returned to you. The refund will be made within one month of receipt of your return.

 

To exercise your right of withdrawal, you must notify us of your decision within 14 days of receipt of your invoice, by sending an email to contact@shagreen-et-tortoise.com and sending us back by post to the following address:

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EIRL MH LAPIE

49 rue Jean-Baptiste Pigalle

75009 Paris

 

Returned items must be returned in their original box. We recommend the package be insured. SHAGREEN ET TORTOISE accepts no responsibility for damage, loss or theft during transport. Return costs are your responsibility.

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Following receipt of your shipment, we will refund your entire order without delay, with the exception of all shipping costs. Reimbursement will be made by bank transfer to the card used to settle the initial invoice. It is not possible to replace or exchange returned products. You will have to place a new order online.  

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ARTICLE 8: ACCESS TO THE SITE AND OWNERSHIP RIGHTS

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We grant you access to and use of the Site for your personal use.
Under no circumstances are You authorized to download, reproduce, copy, sell, exploit or modify all or part of this Site (in particular products listed, descriptions, prices, downloading or copying of information, use of data, software, sound clips, etc.) graphics, images, texts, photographs, tools) without our express written permission.

The Site may contain links to other sites on the Internet. These other sites are not under our control and under no circumstances can we be held responsible for their accuracy, respect for intellectual property rights, legality, decency or any other aspect of the content of these sites.

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ARTICLE 9: PROTECTION OF PERSONAL DATA

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We are committed to protecting your personal data. All the personal data concerning you that we have collected are treated with the strictest confidentiality, in accordance with the provisions of our personal data protection policy:

• Your personal data that we collect from the elements you enter, are used exclusively to process your order under the best possible conditions and to provide you with suitable offers.

• Your personal data is never rented, transferred or sold to third parties, for any other purpose than the execution of your order.

• You have the right to access, oppose, modify and delete all of your personal information on the secure interface for managing your account.

• The non-personal data collected from user browsing on the site is used to improve the service offered to customers, in particular the ergonomics of the site, the products presented or the customer relationship.

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ARTICLE 10: APPLICABLE LAW AND COMPETENT JURISDICTION

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These TERMS & CONDITIONS are subject to French law.

All disputes relating to the commercial relationship between you and us are subject to the jurisdiction of the French courts.  

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ARTICLE 11: SHAGREEN AND TORTOISE GUARANTEE POLICY FOR ANY PURCHASE MADE ON OUR SITE

 

FOR FRANCE & EUROPE CUSTOMERS  

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1. Legal warranty

Article L211-4 of the Consumer Code:

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

Article L211-5 of the Consumer Code:

To be in conformity with the contract, the good must:

1 ° Be suitable for the use usually expected of a similar good and, if 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;

- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L211-15 of the Consumer Code:

The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good, in addition to its legal obligations aimed at guaranteeing the compliance of the good.

The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.

The contract specifies the content of the guarantee, the methods of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor and reproduced  Article L. 211-16.

In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in  Articles L. 211-4 to L. 211-13  of this code and that relating to defects in the item sold, under the conditions provided for in  articles 1641 to 648  and  2232  of the civil code. The  Articles L. 211-4, L. 211-5  and  L. 211-12  of this code as well as  article 1641  and the first paragraph of  article 1648  of the Civil Code are reproduced in full.

In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it.

 

Article 1641 of the Civil Code:

The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it or would have given a lower price, if he had known them.

 

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.

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In application of these texts, SHAGREEN ET TORTOISE undertakes a complete legal guarantee which covers manufacturing defects. The warranty policy is available at any time in the GENERAL CONDITIONS OF SALE section on www.shagreen-et-tortoise.com. The warranty only covers damage which, in the opinion of SHAGREEN ET TORTOISE, is not caused by accident or improper use, normal wear and tear, alteration, attempted repair or negligence.

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Any item under warranty that is found to be defective may, at your option:
1. be replaced, subject to availability, by an identical item
2. be repaired, depending on the degree of damage to the product under warranty as well as the feasibility and availability of spare parts.
However, SHAGREEN ET TORTOISE may not proceed according to your choice if this choice entails a manifestly disproportionate cost with regard to the other modality, taking into account the value of the product or the importance of the defect. The other choice will then apply.

 

This warranty service is provided free of charge.

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The defective part must be sent at your expense to the headquarters of SHAGREEN ET TORTOISE. We recommend you insure the package. SHAGREEN ET TORTOISE accepts no responsibility for damage, loss or theft during transport.

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If repair and replacement of the product is impossible or requires more than one month from your complaint, you can return the product and we will issue a refund.

However, the resolution of the sale cannot be made if the lack of conformity is minor.

Please keep the invoice in case you have a warranty claim. The invoice serves as proof of the purchase and as proof of the right to this guarantee.  

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SHAGREEN ET TORTOISE reserves the right to modify or adapt these warranty conditions and their impact in the future at its discretion, at any time.

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This warranty does not affect your legal rights.

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1. What is not covered by the warranty?

This warranty does not cover damage to SHAGREEN ET TORTOISE products caused by accident, misuse and abuse, modification, attempted repair, negligence following purchase, normal wear and tear.

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2. Who does the warranty apply to?

This warranty applies to the original purchaser of the SHAGREEN ET TORTOISE brand product and to subsequent owners of the product during the warranty period. The SHAGREEN ET TORTOISE invoice serves as proof of the purchase of the product; any owner of the product should retain this invoice in the event that they have a claim under this warranty.

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3. How long does the warranty last?

The warranty is for one (1) year from the date of the original purchase.

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4. How do I file a warranty claim?

You can file a warranty claim request by contacting the consumer service:  contact@shagreen-et-tortoise.com

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We recommend sending the product by registered mail and insuring the product at market value. SHAGREEN ET TORTOISE is not responsible for the loss, damage, or theft of the product during its transit.

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The package must be sent to the following address:

EIRL MH LAPIE

49 rue Jean-Baptiste Pigalle

75009 Paris - FRANCE

 

5. What happens after the SHAGREEN ET TORTOISE repair service receives the product?

The right to this warranty is determined upon receipt and after examination of the product. If it is determined that there is a defect in material or workmanship, the repair specialist will define replacement, substitution or repair options based on (1) the availability of spare parts / product and (2) the possibility of carrying out the repair. If it is determined that the damage is not a material or manufacturing defect, the After-Sales Repair Policy will apply, thus giving you the option of having your product repaired by SHAGREEN ET TORTOISE at your expense.  

 

 

ARTICLE 12: REPLACEMENTS - AFTER-SALES SERVICE FOR ANY PURCHASE MADE ON OUR SITE

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If a part is not covered by the terms of the SHAGREEN ET TORTOISE legal warranty above, we will offer you a repair service.

Please note that SHAGREEN ET TORTOISE only offers this service if repair is possible, namely:

• If the piece is truly a SHAGREEN E TORTOISE piece 

• Whether it is possible to restore the part to its original condition.

• Whether the spare parts necessary for the repair are available.

Please return the SHAGREEN ET TORTOISE part in its original packaging to SHAGREEN ET TORTOISE headquarters by post. The package must be insured. SHAGREEN ET TORTOISE accepts no responsibility for damage, loss or theft during transport.

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FINAL ARTICLE - Pre-contractual information - Customer acceptance

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You acknowledge having had communication, prior to placing your order, in a readable and understandable manner, of these TERMS & CONDITIONS and of all the information and information referred to in Articles L111-1 to L111-7, and in particular:

• the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; -  

• the price of the Products and ancillary costs (delivery, for example);  

• in the absence of immediate execution of the contract, the date or the deadline by which the Seller undertakes to deliver the Product;  

• information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it is not apparent from the context,  

• information relating to legal and contractual guarantees and their implementation methods;  

• the functionalities of the digital content and, where applicable, its interoperability;  

• the possibility of resorting to conventional mediation in the event of a dispute;  

• information relating to the right of withdrawal (existence, conditions, deadline, modalities for exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions.

The fact for a natural (or legal) person to order on the website  www.shagreen-et-tortoise.com  entails full adherence and acceptance of these TERMS & CONDITIONS, which is expressly acknowledged by you.

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