Terms of Sales

The purpose of these conditions is to establish the terms and conditions under which Désaccord Perfect sells to its customers designer jewelry gilded with fine gold, gold plated, 925 silver or brass (hereinafter referred to as “the Product(s)”). s)”) through the website www.desaccordparfait.com (the “Site”).

Email: contact@desaccordparfait.com (hereinafter “Désaccord Parfait”).

Ordering one or more items on the Site implies acceptance of these general conditions of sale (“CGV”) and the Customer’s full and unreserved acceptance of these T&Cs.

All orders on the Site are subject to these General Terms and Conditions. These are subject to modifications and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.

1. OBJECT

These General Terms and Conditions exclusively govern the sales made by Désaccord Perfect of the Products offered to buyers having the status of consumers (hereinafter the “Customer(s)) on the Site and specify the conditions of order, payment, delivery and management possible returns of products ordered by Customers.

The General Terms and Conditions are binding on the Customer who declares having read them and accepted them by implementing the online ordering procedure.

2. CUSTOMER

The Site Customer must be an adult and legally capable natural person. For each order, the Customer must complete an order form specifying certain mandatory fields so that their order for Products can be taken into account by Désaccord Perfect.

The information communicated to Désaccord Perfect in the context of each of its orders must be complete, accurate and up to date.

Désaccord Perfect reserves the right not to follow up on 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 Site in each of the product sheets. If the Customer has any questions, Désaccord Perfect provides an email contact form on the Site on the Contact page.

4. ORDERING PROCESS

To place an order, the following steps must be followed:

1. the Customer browses the Site and adds the Product(s) to their basket,
2. the Customer consults all the Products added to the basket,
3. to delete a Product, the Customer must click on “Delete” and to change the number of items, modify the quantity indicated,
4. the Customer can then finalize their order or choose to continue their purchases. He can choose to pay by credit card or switch to a PayPal payment method.
5. To conclude the purchase contract on the Site and place the order, the Customer must complete the order form and indicate the personal data necessary for the order,
6. the Customer must choose their delivery method,
7. the Customer must choose their payment method,
8. it is the Customer's duty to check the details of his order, in particular the total price of his order taking into account the price of the Products in the desired quantity, delivery costs, VAT,
9. the Customer must have read and accepted the General Terms and Conditions without reservation
10. The Customer makes the payment.

The prices of the products are indicated on the Site in euros, VAT included, but excluding customs fees and other taxes.
Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.

It is the Customer's duty to verify the accuracy of the information he communicates.

Disagreement Perfect reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

Perfect Disagreement will also be entitled to refuse any order placed by a Customer 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 General Terms and Conditions.

In the event of one of these cases, Désaccord Perfect will inform the Customer by telephone or email.

In the event that the Products presented on the Site are no longer available or out of stock at the time your order is sent, Désaccord Perfect will communicate to you, within thirty working days from the day following your order, any possible unavailability of ordered products. In the event of payment for the unavailable product(s), Désaccord Perfect will reimburse you in full for the sums advanced.

The contract is concluded upon receipt of the order by Désaccord Perfect and after verification by Désaccord Perfect of the accuracy of the data provided by the Customer and relating to the order.

After validation of the order, a receipt notice will be sent by email to the Customer, containing a summary of the order information (product name, price, means of payment, and delivery cost).

5. PAYMENT

The Site offers payment via Credit Card. When the order is finalized, Désaccord Perfect confirms the payment by sending the Customer a summary email. The Customer can choose payment by PayPal and his payment will be confirmed in the same way. He will nevertheless make his payment on the PayPal platform.

The prices displayed on the site are expressed in euros, all taxes included (French VAT and other taxes applicable on the day of the order). Packaging, order processing and shipping costs are indicated before validation of the order.

Disagreement Perfect may modify the prices of the Products at any time and without notice. The Products are invoiced on the basis of the price in effect when the Customer places the order.

The Products remain the full and complete property of Désaccord Perfect until full payment of the price of each order by Désaccord Perfect.

Payment for purchases by credit card is made via the secure platform of our partner Stripe.

For delivery outside the European Union, the Customer must pay customs duties or other taxes due when importing the products into the country of delivery. The related formalities are also the sole responsibility of the Client. The Customer is solely responsible for checking the possibilities of importing the Products ordered with regard to the rights of the territory of the country of delivery.

6. DELIVERY

The Products are delivered to the delivery address indicated on the order form.

The package is delivered and tracked by the Post Office from France, and any other partner carrier of the Post Office in the case of delivery outside France.

Products are delivered worldwide.

Disagreement Perfect generally ships orders placed before 4 p.m. the next day (on working days). However, during busy periods such as Christmas or sales, Désaccord Perfect reserves the right to extend the shipping time to 72 hours.

Shipping times:

Order from Monday to Friday before 4 p.m.:

The package is shipped the next morning.

Order on weekends and public holidays:

The package is shipped the next business day (usually Monday).

From the time the order is shipped, the average delivery times generally observed are as follows:

2 to 5 working days for France;

5 to 10 working days for international.

As soon as the order is shipped, or deposited at the post office by Désaccord Perfect and confirmation of shipment sent by email to the Customer, Désaccord Perfect excludes any liability for any delay in delivery that may occur. In fact, the Post Office and its service providers are solely responsible for the package and its delivery after it enters their network.

However, if the Customer observes a delivery time of more than 30 days, he is advised to contact Désaccord Perfect by email or by post so that a thorough search of the package can be carried out with the postal services.

Any error in the delivery address, or any change of delivery address made by the Customer after the order is registered, may result in an extension of the delivery time.

Failing Perfect Disagreement to be able to deliver on the date indicated or within the period indicated when ordering, the Customer will have the possibility of obtaining the cancellation of the order under the conditions provided for in article L 216-2 of the Code of consumption, that is to say by registered letter with acknowledgment of receipt, after having ordered Désaccord Perfect to make delivery within a reasonable time by registered letter with acknowledgment of receipt, without Désaccord Perfect having made it .

7. RECEIPT OF PRODUCTS

Upon receipt of the Product, the Customer must immediately check the condition of the packaging and the delivered Product.

The Customer must then inform Désaccord Perfect of any reservations at the latest within three days, not including public holidays, following that of receipt of the Products.

Failure to comply with said deadline does not hinder the Customer's recourse to obtain an exchange or refund of the Products in the event of damage or anomaly to the Product at the time of delivery. The Customer always benefits from his right of withdrawal under the conditions of article 9.

8. GUARANTEES

For any requests relating to commercial and legal guarantees, contact:

Perfect Disagreement, 44 avenue de Candau, 33600 Pessac

Email: contact@desaccordparfait.com

8.1 Commercial guarantee

In addition to the legal guarantees referred to in 8.2 to which we are bound, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, etc.).

The Customer requests the application of this guarantee by mail (by returning the Product to us).

Repairs under this warranty are free. We will reimburse you for shipping costs.

This warranty runs from the date of delivery of the Product for a period of six (6) months.

This commercial guarantee does not apply to:

• non-compliant uses as well as defects in use;
• damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
• in the event of an abnormal maintenance operation or in the event of a lack of maintenance and hygiene;
• in case of natural wear;
• interventions carried out on the jewelry by any person not authorized by Customer Service as well as damage resulting from such intervention.

In the case of non-application of the commercial guarantee, and repair for breakage of the Product (due to a handling error, abusive or abnormal use), the shipping costs remain the responsibility of the Customer and Désaccord Perfect reserves the right to charge for the repair.

Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least 7 days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

8.2. Legal guarantees

Unless he is a legal entity or a natural person acting for purposes falling within the scope of his commercial, industrial, artisanal or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which he can act. Désaccord Perfect is thus liable for lack of conformity and hidden defects under the conditions provided respectively by articles L 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.

Article L 217-4 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. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good 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; – present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or present 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 L 217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Article L 217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.

Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.

Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing 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 it not acquired, or would have given only a lower price, if he had known 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: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect.

When acting as a legal guarantee of conformity, the Customer:

• benefits from a period of 2 years from the delivery of the property to take action;
• can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by Désaccord Perfect.

When acting under a legal guarantee for hidden defects, the Customer can choose between canceling 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 the provisions of articles L 221-18 et seq. of the Consumer Code, the Customer may discretionarily cancel his order without giving any reason. To do this, he has the right to withdraw. He may exercise it (or a third party designated by him with the exception of the carrier) within 14 days from receipt of the Product.

Before the expiration of this 14-day period, the Customer must inform Désaccord Perfect of their decision to withdraw by sending an email clearly and unambiguously expressing this decision and mentioning their order number to: contact@desaccordparfait.com

The Customer must return the Product, at his own expense (unless the product does not conform or presents a manufacturing defect), to Désaccord Perfect, at the latest within 14 days following communication of his decision to withdraw.

Désaccord Perfect strongly advises its Customers to return the products by Tracked Letter. The Customer also has the possibility of choosing the carrier of his choice. It is therefore recommended to keep proof of this return, which assumes that the Products are returned with package tracking, or by any other means giving date.

Désaccord Perfect must reimburse the Customer, including the initial delivery costs, at the latest within 14 days from the date on which Désaccord Perfect actually collected the Product or from the date on which the Customer provided proof of shipment of the Product.

Reimbursement will be made by bank transfer to the card used to pay the initial invoice.

It is not possible to replace or exchange returned products. You will need to place a new order online.

10. EFFECT OF CONTRACT

The contract produces all its effects upon its conclusion and cannot be terminated unilaterally by either party, unless the Client uses his right of withdrawal under the conditions set out in articles L 221-18 et seq. Consumer Code.

11. INTELLECTUAL PROPERTY

The Customer acknowledges that the Désaccord Perfect Products and the distinctive signs (image, photographs and composition of the photographs, concepts, packaging, name of the products, texts, illustrations, etc.) are the exclusive property of Désaccord Perfect, particularly with regard to intellectual property. , for the entire duration of protection of these rights and for the entire world.

Certain Products have been registered as a design and model and are automatically protected by copyright.

The Customer refrains from any act of reproduction or use of Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, brands or distinctive signs, business secrets, techniques or know-how. be used by Désaccord Perfect, as well as any act tending to the appropriation of these elements, whether or not they are the subject of protection by Désaccord Perfect by a trademark, a design or a copyright.

Consequently, any reproduction not authorized by Désaccord Perfect will be subject to infringement subject to legal action.

12. PROCESSING OF PERSONAL DATA

For more details regarding the collection and processing of your personal data, please refer to our Cookies Policy.

13. LITIGATION

In the event of a dispute, the Customer must first contact Désaccord Perfect Customer Service by email at: contact@desaccordparfait.com. In the absence of a solution within 21 days following his request, the Customer may contact the Joint Direct Sales Mediation Commission, 100 avenue du Président Kennedy, 75016 Paris, Tel. : 01 42 15 30 00, E-mail: 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, as part of a mediation process, disputes arising between Désaccord Perfect and the Client.

The Désaccord Perfect brand is governed by a limited liability company registered in the Bordeaux trade and companies register under number
843 117 839 and whose head office is 44, avenue de Candau (33600).

14. APPLICABLE LAW AND COMPETENT JURISDICTION

The General Conditions of Sale are subject to French law.

In accordance with consumer law, in the absence of an amicable agreement, all disputes to which the General Conditions of Sale could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the jurisdictional rules of common law.