GENERAL TERMS AND CONDITIONS OF SALE

 

Article -1- Purpose and enforceability

 

1. These Terms and Conditions apply to the sale of any Product supplied by :

 

The Company axel naacke via their website https://freakshow-jewel.com/

Registration number 891 022 782 00025 with registered office at 6 GRANDE RUE NERONDE 42510 FRANCE 

 

Hereinafter the "Company" or the "Vendor",  

with Customers who are consumers, i.e. any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity, hereinafter the "Customer".

1. Any Product Order implies the Customer's full and unreserved acceptance of and agreement to these General Terms and Conditions of Sale, which shall prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise in advance by the Company. 
2. The Company offers for sale jewelry 
3. The Company does not sell Products to minors. If Customer is under eighteen (18) years of age, Customer may use the Site only under the supervision of a parent or guardian.
4. The photos on the Site are not contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the Products, the angle of the shot, etc.
5. The Company reserves the right to modify these Terms and Conditions of Sale at any time. In this case, the applicable conditions will be those in force at the date of the Order by the Customer. 

 

Article -2- Customer contact 

 

1. The Company's customer service and after-sales service can only be contacted by e-mail at:freakshow.jewel.contact@gmail.com. The Customer must indicate in the e-mail his/her first name, last name, the subject of his/her request and the number of his/her Order.
2. For any professional request (partnership, media, contract proposal), the Company can only be contacted by e-mail at: freakshow.jewel.contact@gmail.com

 

Article -3- Definitions

 

"Customer" means any consumer Customer who has placed an Order.

"General Terms and Conditions of Sale" refers to the present sales contract. 

"Order" means any order placed on the https://FreakShow.Jewel.myshopify.com Web site pertaining to the Products. 

"Shopping Cart" refers to all the Products selected. 

"Products" refers to the goods offered for sale on the Site. Each Product presentation sheet mentions the price; the possibility of contacting customer service; the product's technical data sheet, its availability in stock, and the opinions of other consumers, if any. 

The "Company" means the axel naacke Company 

The "Site" refers to the websitehttps://FreakShow.Jewel.myshopify.com, exclusive property of the Company.

"Geographical Sales Area" shall mean the country where the Company offers the Products for sale and makes deliveries of the Sales Order, namely France and Europe.

 

Article -4- Placing the Order 

 

1. The Customer places the Order via the Web site: the Customer registers and validates the Order on the Web site. 
2. To place an Order on the Site, the Customer selects one or more Products from the Site's catalog by clicking on the "Add to Cart" button. On the "Shopping Cart" page, the Customer can check the details of his/her Order and correct any errors before confirming it. 
3. On the "Information" page, the Customer must enter his/her contact information. They may opt to have their Order followed up by e-mail by checking the required box.
4. On the "Delivery" page, the Customer must choose the shipping method that is proposed to him. 
5. On the "Confirmation" page, the Customer must enter these bank details and the billing address. The Customer also has the option to enter a promotional code if he/she has one. 
6. A complete summary of the Order shall appear. The Customer may modify any and all elements of the Order before finalizing it. The Customer is solely responsible for any and all information related to the Sales Order, the Products and the contact information. 
7. The sale is validly concluded when the Customer has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has proceeded to pay according to the terms and conditions he/she has chosen, subject to the exercise of the right of retraction. 

The date of validation of the Order corresponds to the date of receipt of the cash payment of the total price including VAT duly noted. 

 

Article -5- Availability

 

Product offers are valid as long as they are visible on the Web site, within the limits of available stocks, except in the case of promotional operations mentioned as such on https://freakshow-jewel.com/. In the event that a Product is unavailable after the Order has been placed, the Company shall inform the Customer by e-mail. The Order shall then be automatically cancelled and the Company shall reimburse the Client for all sums already paid within thirty (30) days of payment of the sums paid.

 

Article -6- Exercising the right of withdrawal 

 

1. For all distance selling operations, the Customer has a period of fourteen (14) clear days, starting from the day after he/she takes possession of the goods or accepts the offer for a service, without justification, nor payment of penalties on his/her part. The exercise of this right puts an end to the present contract. 

 

1. When the fourteen (14) day period expires on a Saturday, a Sunday or a holiday, it is extended until the next working day. The Client must inform the Company of his decision by sending an e-mail of retraction to the following address: freakshow.jewel.contact@gmail.com

 

1. The Customer then has another fourteen (14) days, as from the communication of his decision to withdraw, to return the goods to the Company at the address mentioned in Article 1. The Customer shall not return the Product to the manufacturer. 

To do so, the Customer may designate the carrier of its choice, ensuring that the handling and transportation will be done in the best conditions. The protective packaging of the Products shall be at the Customer's expense. The Company advises you to return the goods by registered mail or by tracking.

1. The cost of returning the Product is the responsibility of the Customer, as well as the risks related to the transport of the Product, whatever they may be. 
2. The Customer shall be liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products, provided that the Company has informed the Customer of its right of withdrawal. 

Only Products in new condition returned in their original packaging will be accepted. In case of depreciation of the Product, no return will be accepted.

1. Products unsealed after delivery by the Customer cannot be returned. 

 

Article -7- Reimbursement and expenses

1. When the right of withdrawal is exercised, the Customer is entitled to the benefit of the reimbursement of all sums paid.

An e-mail will be sent to the Customer to confirm that the returned goods have been received and inspected by the Company. The Company will inform the Client of its decision to approve or deny the refund request. 

The refund will be made within fourteen (14) days from the date on which the Company is informed of the Client's decision to withdraw. 

1. The Company will make the refund using the same payment method as the one used by the Customer for the initial transaction
2. The exercise of the right of withdrawal within the legal time limit shall terminate the obligation of the parties to perform this contract, as well as any accessory contract, without any cost to the Customer other than those relating to the return of the Products.
3. In case of delay in the refund, the Customer should contact first the credit card issuer, then the bank and finally the Company at the following e-mail address: freakshow.jewel.contact@gmail.com

 

Article -8- Prices

 

1. The total price of the Order includes the price of the Products, including VAT, and the cost of shipping if applicable. All Orders are payable in Euros (€).
2. The Products are invoiced on the basis of the prices in force on the Site at the date of the accepted Order. Discount codes as well as promotions and sales are not cumulative. 
3. Prices and rates may be revised at any time by the Company.

 

Article -9- Payment 

 

1. By placing an Order, the Customer declares that it holds sufficient financial guarantees for its payment, and that it will effectively pay the sums due when they fall due, in accordance with the law. 

Payment of invoices shall be made in cash and upon validation of the Order in accordance with the payment method freely chosen by the Customer. 

1. Payment of the Order by the Customer may be made by : 

 

• Credit Card (Carte Bleue, Visa, Mastercard or American Express): All credit card numbers are encrypted on 256 bits when the Order is placed. They are only decrypted on the payment processor's server. This information does not exist in clear text on any website and is therefore inaccessible to the Company and third parties.

In the case of payment by credit card, the card is only debited at the time of validation of the Order. Payment is made in cash.

 

 

1. Bank checks are not accepted. 
2. Purchase transaction information is retained for as long as necessary to complete the Order. Once the Order is finalized, the purchase transaction information is deleted.

 

Article -10- Transfer of ownership and risks

 

1. The Client acquires ownership of the Products ordered as and when the price is paid. Any non-performance by the Client of its payment obligation, for whatever reason, authorizes the Company to judicially request the cancellation of the present sales contract and to demand the return of the Products.
2. Delivery means the transfer to Customer of physical possession or control of the goods. All risk of loss or damage to the goods passes to the Customer at the time the Customer or a third party designated by the Customer, other than the carrier offered by the Company, takes physical possession of the Products.
3. When the Customer entrusts the delivery of the Product to a carrier other than the one proposed by the Company, the risk of loss or damage to the Product is transferred to the Customer upon delivery of the Product to the carrier.

 

Article -11- Delivery time 

 

1. Delivery time is the period between the confirmation of the Order and the transfer of physical possession of the Product to the Customer, excluding installation or unpacking. 

Delivery shall take place within the period indicated at the time of the Order, except in cases of force majeure. In the absence of any indication as to the delivery date of the Product, the Company shall deliver the Product no later than thirty (30) days after the conclusion of the General Terms and Conditions of Sale.

1. If the delivery is not made within the period indicated by the Company, the Client may, after formal notice from the Company, cancel the contract, or cancel the sale, by registered letter or in writing on another durable medium. 

The contract shall be deemed terminated upon receipt by the Company of the registered letter informing it of such termination, unless delivery has taken place in the meantime.

 

Article -12- Terms of delivery 

 

1. Delivery shall be made to the address indicated by the Customer at the time of the Order. The Company may contact the Customer to ensure the accuracy of the contact information.  
2. If the delivery cannot take place because of an error of seizure because of the Customer, the expenses of forwarding will be put at his expense. In this case, the Company shall not be held responsible for the extension of the delivery time.
3. The delivery is made by a carrier and the delivery is made according to the specific terms of the carrier. 
4. Delivery is deemed to have been made as soon as the Products are physically handed over to the Customer by the carrier. The delivery slip given by the carrier, dated and signed by the Customer upon delivery of the Product shall constitute proof of transport and delivery.

It is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or shortages, to express reservations on the delivery slip, and possibly to refuse the Product and notify the Company.

 

Article -13- Liability and legal guarantees

 

1. The Company is automatically responsible to the Client for the proper performance of the obligations resulting from the General Terms and Conditions of Sale concluded at a distance, whether these obligations are performed by the Company itself or by other service providers and in particular by the carriers, without prejudice to its right of recourse against them. 
2. However, the Company may be exempted from all or part of its liability by proving that the non-performance or improper performance of the General Terms and Conditions of Sale is attributable either to the Client, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
3. When the Product presents either a defect of conformity or a hidden defect, the European Customer has the choice between the legal guarantee of conformity (a), provided for in articles L 217-4 to L 217-14 of the Consumer Code, and the guarantee against hidden defects of the thing sold (b), provided for in article 1641 and following of the Civil Code.

 

1. a) European legal guarantee of conformity :

 

The Company sells products in France and Europe, and is therefore liable for any lack of conformity existing prior to the purchase of the Products sold, under the conditions of Article L. 217-4 and following of the French Consumer Code.

 

This warranty does not cover damage, breakage or malfunction resulting from failure to follow the operating instructions. 

 

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Client's premises, in particular in the event of an accident of any kind whatsoever, shall not entitle the Client to the warranty due by the Company. 

When the Customer invokes the legal guarantee of conformity, he/she shall:

- has a period of two (2) years from the delivery of the goods to act;

- may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempted from proving the existence of the lack of conformity during twenty-four (24) months from the delivery of the goods.

 

1. b) Legal warranty against hidden defects

The Company is liable for hidden defects in the item sold - defects that render it unfit for its intended use, or that so diminish this use that the Customer would not have acquired it, or would have given a lower price for it, if he had known about them - under the conditions provided for in Articles 1641 et seq.

This warranty does not cover damage, breakage or malfunction resulting from failure to follow the operating instructions. 

Defects and deterioration of the Products delivered as a result of abnormal storage and/or conservation conditions at the Client's premises, in particular in the event of an accident of any kind whatsoever, shall not entitle the Client to the warranty due by the Company.

When the Customer invokes the legal warranty against hidden defects, he/she shall:

- has a period of two (2) years to act from the discovery of the hidden defect. 

- may choose between the resolution of the sale involving reimbursement and return of the Product(s) or a reduction of the sale price in accordance with Article 1642-1 of the Civil Code. 

- must provide proof of the hidden defect.

If the item is defective or damaged upon receipt of the Product, the Customer has the option to choose between a replacement of the Product at no additional cost or a full refund of the purchase price. 

In order to receive a full refund or replacement of the defective or damaged Product, the Customer must send his request to: freakshow.jewel.contact@gmail.com along with one or more photos of the defective Product attesting to the facts.  

 

 

 

Depending on the Customer's address, the time required to receive the exchanged Product may vary.

Products on sale or on promotion are reimbursed at the price that the buyer paid when placing the Order on the Site. Amounts deducted at the time of purchase by means of a promotional code and/or a price reduction following a promotion will not be refunded. 

 

Article -14- Force majeure

 

1. In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered to be force majeure or fortuitous events, insofar as their occurrence renders the performance of the obligations totally impossible.
2. The occurrence of an event of force majeure shall automatically suspend performance of the Order. 
3. After a period of ninety (90) calendar days, if the parties determine that the force majeure event persists, the Order may be cancelled by either party and the sales contract terminated. To this effect, the more diligent party shall send to the other party a registered letter with acknowledgement of receipt denouncing said sales contract. 

The effective date of termination will be the date of first presentation of the letter. In this case, neither party will be entitled to claim damages, unless otherwise agreed by both parties

 

Article -15- Intellectual property

 

1. All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected by copyright, trademark law, image law and patent law. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the Site. Any simple link or hypertext link is strictly prohibited without the express written consent of the Company. In any case, any link, even tacitly authorized, must be withdrawn upon simple request from the Company.
2. Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. 
3. Any total or partial reproduction of the Company's catalog is strictly forbidden. Any other use constitutes an infringement and is punishable under the Intellectual Property unless prior authorization. 

 

Article -16- Processing of personal data

1. The Company collects the Client's data:
2. (a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)
3. (b) for the purpose of contacting you regarding various Company events, including Product updates and customer relationship management; (and/or)
4. (c) for the purpose of collecting information to improve the Site and our Products (including through the use of cookies).

The data collected is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the ordered Products as well as by the hosting provider, the company Shopify Inc. whose servers are secured and protected by a firewall. 

1. The data collected is kept by the Company only for the time corresponding to the purposes of the above collection and which shall in any case not exceed five (5) years.
2. In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR), the Customer has the right to access, modify, rectify, delete or object on legitimate grounds, to his or her data. 
3. The Customer can exercise his rights by e-mail to : freakshow.jewel.contact@gmail.com

Article -17- Comments and other proposals from users

 

1. If Customer sends ideas, proposals, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), whether or not requested by Company, Customer grants Company the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments Customer sends to Company.
2. The Company is not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to any person for any Comments provided; or (3) respond to Comments.
3. The Company may monitor, edit or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that infringes any intellectual property or these Terms and Conditions.
4. Customer agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Customer agrees that its comments will not contain any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of its comments. 
5. The Client is entirely responsible for its published comments and their accuracy. The Company assumes no responsibility or liability for comments posted by the Customer or any third party.

 

Article -18- Applicable Laws and Dispute Resolution

 

1. The General Terms and Conditions of Sale are subject to French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no attempt at amicable settlement will be accepted. 

The fact that a clause of the present General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exonerate the Customer from the execution of its contractual obligations.

Compensation

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, from and against any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of the Terms, or your breach of any of your acknowledgments, agreements, representations, warranties and obligations hereunder.  

 

1. National or cross-border disputes arising from the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the request of the Customer.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Médiateur agréé par la Commission d’Evaluation et de Contrôle de la Médiation de la Consommation (CECMC), est nommé en qualité de Médiateur de la Consommation, pour faciliter la résolution des litiges entre la Société et ses Clients, pour une durée de trois (3) ans à compter du [01/05/ 2019].

1. The European Commission's website describes the mediation process used and allows Customers to file a request for mediation online with supporting documents.
2. In particular, the dispute cannot be examined by the Mediator if:

- the Client does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint,

- the request is manifestly unfounded or abusive,

- the dispute has been previously considered or is being considered by another mediator or by a court,

- the consumer has lodged his request with the mediator within a period of more than one year from his written complaint to the Company,

- the dispute does not fall within its jurisdiction.

 

1. The mediation is free of charge for the Client. If the Client has recourse, at any stage of the mediation, to a lawyer, a third party of his choice or an expert to defend him, he shall bear the costs alone.
2. The Mediator shall not receive any instructions from the parties nor be remunerated on the basis of the result.
3. Participation in mediation does not exclude the possibility of recourse to a court of law. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent French court.
4. The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable settlement will be accepted.  
5. The fact that a clause of the present General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exonerate the Customer from the execution of its contractual obligations.