Terms and Conditions
ARTICLE 1 – DEFINITIONS
Item: product offered for sale on the Website;
T&C: means these general terms and conditions of sale;
Customer: a non-trading individual with full legal capacity, placing an Order with TIMELESS PEARLY;
Order: commitment to purchase the Items selected by the Customer from TIMELESS PEARLY, via the Website;
Website: a website published by TIMELESS PEARLY and accessible at the following web address: www.timelesspearly.com
ARTICLE 2 – INTRODUCTION
2.1 Scope of application
This document defines the General Terms and Conditions of Sale of the Items of TIMELESS PEARLY (hereinafter “TIMELESS PEARLY”), a simplified joint stock company registered in the Paris Trade and Companies Register under number 841 886 831, having its registered office at 20 rue de longchamp – 75116 Paris.
These General Terms and Conditions of Sale are exclusively intended to govern remote sales made online, via the Website, between TIMELESS PEARLY and the Customer.
These constitute, with the Order confirmation email, the invoice and the dispatch to the Customer of the tracking number of the parcel containing the Items purchased and dispatched, the only contractual documents governing the relations between TIMELESS PEARLY and the Customer, to the exclusion of any other document and in particular any photograph of the Items which have only indicative and non-contractual value.
The General Terms and Conditions of Sale are binding on the Customer, which acknowledges, by ticking a box provided for this purpose, that he/she has been made aware of them and accepted them before placing an order.
The temporary or permanent inapplicability of one of the clauses of the General Terms and Conditions of Sale shall not constitute a waiver by TIMELESS PEARLY or the Customer of the applicability of all the clauses of the General Terms and Conditions of Sale.
2.2 Changes to the General Terms and Conditions of Sale
TIMELESS PEARLY reserves the right to amend the General Terms and Conditions of Sale at any time.
In the event of modification(s), the applicable General Terms and Conditions of Sale are those in force on the date of the Order.
ARTICLE 3 – ITEMS
3.1 Item characteristics
TIMELESS PEARLY undertakes to make its best efforts to describe the Items as well as possible.
The photographs illustrating these Items have no contractual value.
3.2 Availability of Items
The Items are offered and delivered within the limit of available stock, without TIMELESS PEARLY being held liable in this respect.
If an Item is unavailable, TIMELESS PEARLY shall inform the Customer thereof.
In such a case, the Order is then cancelled and TIMELESS PEARLY undertakes to refund it as soon as possible if payment has already been made.
TIMELESS PEARLY reserves the right to withdraw any Item from sale, at any time.
ARTICLE 4 – PRICE OF ITEMS
All Orders entail a payment obligation for the Customer.
TIMELESS PEARLY reserves the right to change the selling price of the Items at any time.
The selling prices of the Items are indicated including VAT and expressed in euros.
For Orders sent to countries outside the European Union, the Customer must, in addition to the selling price of the Items, pay customs duties and related taxes in his/her country.
The selling prices of the Items are those in force on the day of the Order.
The selling prices of the Items do not include carriage charges or customs duties, which are invoiced in addition to the selling price.
The total amount of the Order, including delivery charges, is indicated on the page summarising the Order.
ARTICLE 5 – ORDER
5.1 Conditions relating to the nature of the Order and to the Customer.
The Customer acknowledges and accepts, in order for the contract with TIMELESS PEARLY to be validly formed, to be a natural consumer and not to purchase Items in the context of the exercise of a professional activity.
In the event of doubt, due in particular to the abnormally high quantity of Items purchased, TIMELESS PEARLY reserves the right not to make the sale. In this case, if payment has already been made, TIMELESS PEARLY undertakes to reimburse the price of the Items to the exclusion of any shipping costs.
5.2 Order steps
To place an Order, the Customer fills his/her virtual basket by selecting the Items and the quantities desired.
The Customer may freely change his/her virtual basket.
The Customer then clicks on the "Confirm my basket" button.
A summary of the Order shows the nature of the Items, the prices and quantity(ies) of the selected Items as well as the total amount of the Order.
The Customer can thus check the details of his/her Order and modify it.
The Customer is then asked to enter the information relating to delivery and the selected payment method.
Until that point, the Customer still has the possibility of returning to the previous pages to correct any errors and possibly modify his/her Order.
The Customer is then invited to click on the "Confirm the Order and proceed with payment" button.
The transaction number is then communicated to the Customer.
An Order confirmation email specifying the details of the Order and the transaction number is sent to the Customer.
If the Customer does not receive this email, he/she must contact TIMELESS PEARLY.
On the day of dispatch of the Items, TIMELESS PEARLY sends the Customer an email sending him/her the invoice and indicating the tracking number of his/her Order.
ARTICLE 6 – PAYMENT
Any Order shall entail a payment obligation for the Customer.
Payment shall be made in full when the Customer confirms the Order.
Payments may be made, on the Website, by PayPal account or by bank card belonging to the following networks: CB, Visa, Eurocard, MasterCard, American Express.
Online payments are made via MERCANET ESSENTIEL, the secure online payment platform of BNP PARIBAS, a limited company registered in the Paris Trade and Companies Register under number 662 042 449 and having its registered office at 16 boulevard des Italiens - 75009 Paris.
TIMELESS PEARLY remains the owner of the Items until they have been paid for in full by the Customer. In the event of partial payment or non-payment, TIMELESS PEARLY may, if it chooses, pursue full payment of the Items or claim ownership thereof.
ARTICLE 7 – DELIVERY
7.1 Delivery times
The Items are delivered to the Customer in accordance with the delivery deadlines indicated at the time of finalising the Order.
Delivery times are in working days.
In all cases, TIMELESS PEARLY undertakes to ensure that the Items are delivered within a maximum period of 30 days from the confirmation of the Order.
As each part is made to order, the delivery times are offered for information purposes without, however, being able to vary significantly.
Delivery times may also vary, particularly in the run-up to the Christmas and New Year holidays.
In such cases, TIMELESS PEARLY will inform the Customer of any delay in delivery and will propose either to continue the sale by agreeing a new delivery date for the Items, or to cancel it and repay the full amount paid by the Customer, if payment has already been made.
In the event of late delivery, the Customer may instruct TIMELESS PEARLY, by registered letter with acknowledgement of receipt or by email, to carry out the delivery within a reasonable additional period. In the absence of delivery within this new timescale, the Customer may cancel the Order by registered letter with acknowledgement of receipt or email addressed to TIMELESS PEARLY. TIMELESS PEARLY will then reimburse him/her, at the latest within a period of fourteen days, for all sums received in respect of the cancelled Order, without the Customer being entitled to any damages.
The Order is considered to be cancelled upon receipt by TIMELESS PEARLY of the letter or email informing it of this cancellation, unless TIMELESS PEARLY has delivered the Order in the meantime.
In all cases, any delay in delivery may not give rise to any damages and interest on the part of TIMELESS PEARLY.
7.2 Delivery terms
The Items are delivered to the address indicated by the Customer at the time of the Order.
It is the Customer's responsibility to provide the information necessary for the delivery of the ordered Items very precisely.
The Customer chooses the desired delivery method.
The Customer may track the various stages of delivery of the Items ordered using the tracking number provided to him/her under the conditions provided for in Article 5 hereof.
In the event of the Customer’s absence at the time of delivery, the chosen carrier leaves a delivery notice indicating its contact details and/or procedures to enable the Customer to collect his/her order.
Delivery is deemed to have been made upon delivery of the Items ordered to the Customer, substantiated by the delivery confirmation system used by the carrier.
7.3 Transfer of risks
The risks of loss or damage to the Items are transferred to the Customer at the time the latter, or a third party designated by him/her, takes physical possession thereof.
Items delivered to the Customer by one of the carriers proposed by TIMELESS PEARLY travel at the risk of TIMELESS PEARLY.
On the other hand, the Items delivered to the Customer by a carrier chosen by the Customer travel at the risk of the latter from the delivery of the Items to the said carrier.
7.4 Delivery costs
The delivery costs for the Items are borne by the Customer and vary according to the place of delivery of the Items as well as the delivery method chosen by the Customer.
These delivery costs are added to the Order amount.
However, delivery costs are offered to the Customer free of charge when the total amount of the ordered Items exceeds €350.
If an Order is returned to TIMELESS PEARLY due to any error on the part of the Customer in entering the delivery address, the delivery costs shall be borne by the Customer.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 Conditions, deadlines and procedures for exercising the right of withdrawal
The Customer has the right to exercise his/her right of withdrawal within a period of 14 days from the delivery of the ordered Items as defined in Article 7.2 of the General Terms and Conditions of Sale.
This 14-day period begins on the day after delivery of the ordered Items, at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period.
If this period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next working day.
The Customer may withdraw without giving any reason or paying any penalty.
To exercise his/her right of withdrawal, the Customer must inform TIMELESS PEARLY of his/her wish to withdraw within the said 14-day period by sending the withdrawal form provided for this purpose, appended hereto, to the following email address: customerservice@timelesspearly.com, or by registered letter with acknowledgement of receipt to the following address: TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris.
Exclusion of the Customer's right of withdrawal:
On the other hand, in accordance with Article L221-28 3° of the French Consumer Code, the Customer does not have such a right of withdrawal in the case of personalised Items, manufactured in accordance with his/her personal specifications and/or reworked at his/her request
8.2 Effects of withdrawal – return and refunds
After exercising his/her right of withdrawal, the Customer undertakes to send TIMELESS PEARLY the Items he/she wishes to return within 14 days of exercising his/her right.
This 14-day period is deemed to be respected if the Customer returns the Items before the expiry of this 14-day period.
The Items must be returned intact, accompanied by any accessories, in their original packaging, with a copy of the purchase invoice, and sent to TIMELESS PEARLY at the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré – 75001 Paris.
To make a return, the Customer shall return the Items to TIMELESS PEARLY by any means of his/her choice. He/she must, however, provide evidence to TIMELESS PEARLY and retain proof of dispatch of the returned Items, which therefore assumes a dispatch that could prove a certain date.
The Customer must inform TIMELESS PEARLY of the tracking number of the parcel containing the Items returned by sending an email to the following address: customerservice@timelesspearly.com, or by registered letter with acknowledgement of receipt to the following address: TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris.
Once the Items have been returned and after checking their condition, TIMELESS PEARLY will refund the Customer the invoiced price of the returned Items within 14 days of receipt of said Items and according to the same payment terms as those used at the time of the Order. TIMELESS PEARLY will send an email to the Customer informing him/her that the reimbursement order has been given.
TIMELESS PEARLY shall reimburse the Customer for all sums paid, including delivery costs. However, if the Customer has chosen a more costly delivery method than the standard delivery method offered by TIMELESS PEARLY, the additional costs incurred will not be reimbursed to the Customer.
Delivery costs will only be reimbursed on condition that all ordered Items are returned to TIMELESS PEARLY. Delivery costs will not, therefore, be reimbursed in the event of a partial return of the Order.
In the event of a return that is not carried out in accordance with the requirements imposed above, TIMELESS PEARLY reserves the right not to take back the Items and not to reimburse the returned Items. These will then be returned to the Customer at his/her sole expense.
8.3 Return costs
In the event of withdrawal, the costs of returning the Items shall be borne by the Customer.
8.4 Return costs in the event of an error or omission relating to the description of the Items
In the event of an error or omission relating to the description of the Items, TIMELESS PEARLY shall refund to the Customer the price of the Item(s), in addition to any delivery costs and return costs within 14 days of receipt of said Items and according to the same payment terms as those used at the time of the Order.
ARTICLE 9 – GUARANTEES
TIMELESS PEARLY uses stones and pearls for the production of certain Items, each of which has its own specific features and characteristics.
These characteristics cannot be analysed as a non-compliance or a hidden defect.
9.1 Legal guarantee of conformity
In accordance with the provisions of the French Consumer Code, some of which are set out below, TIMELESS PEARLY guarantees the Customer against all non-conformities in the Items.
The Customer has a period of two years from delivery of the Items to act on the basis of the legal guarantee of conformity.
In the event of nonconformity of the delivered Items, the Customer may choose between the repair and the replacement of the Article, unless this choice entails a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the Article or the significance of the defect. TIMELESS PEARLY is then required to proceed, unless it is impossible, according to the method not chosen by the Customer.
The Customer is exempted from providing proof of non-compliance of the Items within 24 months of delivery of the Items.
In the event that the Items delivered do not correspond to the specifications of the Order, the Customer is invited to inform TIMELESS PEARLY thereof as soon as possible by contacting its customer service department, whose contact details are specified in Article 11 hereof, and to return said Items to TIMELESS PEARLY, intact and in their original packaging, in accordance with the instructions provided by the latter.
In the event of a return on the basis of the legal guarantee of conformity, the return costs shall be borne by TIMELESS PEARLY.
In the event that repair or replacement is not possible, TIMELESS PEARLY undertakes to reimburse the Customer within 14 days of receipt of the Items.
Reminder of the provisions of the French Consumer Code:
Article L217-4 of the French Consumer Code:
"The seller delivers goods in compliance with the contract and is liable for any nonconformity existing at the time of delivery.
It shall also be liable for any nonconformity resulting from the packaging, assembly instructions or installation when it has been made responsible for this by the contract or carried out under its responsibility".
Article L217-5 of the French Consumer Code:
"The goods comply with the contract:
1°If they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of a sample or a model;
- if they present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted".
Article L217-8 of the French Consumer Code:
"The buyer is entitled to demand the conformity of the property with the contract. However, he/she cannot challenge the conformity by invoking a defect he/she knew about or could not ignore when he/she entered into the contract. The same applies when the defect originates in the materials it supplied itself".
Article L217-12 of the French Consumer Code:
"The action resulting from the nonconformity is time-barred two years from the delivery of the goods”.
Article L217-13 of the French Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the right of action resulting from prohibitive defects as they result from the Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by law".
9.2 Guarantee against hidden defects
Article 1641 of the French Civil Code:
"The seller is bound by the guarantee on the grounds of hidden defects in the item sold that render it unfit for its intended use, or that reduce this use so much that the buyer would not have acquired it, or would have only paid a lower price, had he/she known about them".
Article 1648 of the French Civil Code:
"The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect".
In the event that the Customer decides to implement the guarantee against hidden defects in the Article, he/she may choose between rescinding the sale or a reduction in the price paid.
ARTICLE 10 – CUSTOMER SERVICE
For any information, questions or follow-up of Orders, the Customer may contact Customer Service:
By email to the following address: customerservice@timelesspearly.com;
By post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris;
By telephone on 06.08.99.10.70 from Monday to Friday from 10 a.m. to 6 p.m.
ARTICLE 11 – LIABILITY
TIMELESS PEARLY cannot be held liable in the event of:
an error(s) made by the Customer when entering his/her identity, contact details, delivery information, email address or any other information that does not allow the delivery of the confirmation email referred to in Article 5 and the delivery of the Order;
non-performance or poor performance of the contract due either to the Customer, the insurmountable and unforeseeable event of a third party, or to any fortuitous event or force majeure within the meaning of Article 1218 of the French Civil Code;
In the event of force majeure, the performance of TIMELESS PEARLY’s obligations will be suspended for as long as this continues. TIMELESS PEARLY shall inform the Customer of the existence of this case of force majeure by email. If the case of force majeure persists for more than 15 days, the Customer shall be entitled to terminate the contract and TIMELESS PEARLY shall reimburse him/her for the price of any Items received within 14 days of notification of the Customer’s decision.
total or partial disruption and/or strike, in particular of postal services, means of transport and/or telecommunications;
interruption or suspension of the operation of the Website for any reason beyond its control;
in the event that the Items do not comply with the legislation of the Customer’s country where they are delivered; the Items are compliant with the French legislation in force;
breakage, alteration of Items caused by negligence, damage or improper use of Items.
ARTICLE 12 – INTELLECTUAL PROPERTY
The Website and all its content (including, without limitation, texts, comments, illustrations, etc.…), are the exclusive property of TIMELESS PEARLY.
Any reproduction, in whole or in part, of the Website and its content is strictly prohibited. Likewise, the creation of hypertext links to the Website or one of its pages is prohibited.
TIMELESS PEARLY is the owner of the intellectual property rights on the Website, its design, and in particular, without this list being exhaustive, the TIMELESS PEARLY brand, its logos and acronyms, its domain name www.timelesspearly.com, the Items and their photographs, and the related drawings and models.
Any reproduction of the elements referred to below, without the express prior written agreement of TIMELESS PEARLY, is strictly prohibited.
Only use for private use is permitted.
ARTICLE 13 – PROTECTION OF PERSONAL DATA
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the "GDPR", the Customer is informed that TIMELESS PEARLY carries out automated processing of his/her personal data that he/she comes to provide on the Website and/or to communicate by any other means to TIMELESS PEARLY.
The personal data collected from Customers is as follows: last name, first name, gender, postal address, email address, landline and mobile phone numbers.
TIMELESS PEARLY is the only recipient of the personal data thus collected.
The personal data of Customers is not transferred to countries outside the European Union.
In accordance with the provisions of said Regulation (EU) 2016/679, TIMELESS PEARLY undertakes to ensure the security and confidentiality of its Customers’ personal data.
The computerised processing of the Customer's personal data is carried out with the aim of being able to:
- manage Orders,
- contact the Customer in the event of difficulties encountered in connection with the Order,
- inform him/her of any promotional offers;
- send him/her mailings, newsletters, catalogues, etc.…, unless the Customer has expressly waived receiving such publications;
- ensure the recovery of any sums due;
- provide the best possible service to the Customer;
- comply with legal and regulatory obligations.
TIMELESS PEARLY is the data controller for personal data.
The personal data of Customers is retained for a period of five years following the last Order placed.
The Customer may at any time:
object to the collection of his/her personal data;
have access to it;
request its modification or deletion;
request its return (right of portability);
object to its use, in particular for marketing or mailing purposes, and more broadly ask to limit its use;
withdraw his/her consent to the collection of his/her personal data.
All requests in this regard must be sent to TIMELESS PEARLY as follows:
by email to the following address: customerservice@timelesspearly.com;
or by post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris.
The Customer may, at any time, lodge a complaint with the authorities of the Customer’s country responsible for data protection, and in particular with the CNIL (CNIL - 3 Place de Fontenoy - 75007 Paris).
ARTICLE 14 – COOKIES
Cookies are trackers deposited and/or read on the user's device when browsing the Website.
TIMELESS PEARLY only uses functional cookies that are strictly necessary for the provision of its services and the proper functioning of the Website. Their purpose is to facilitate user navigation on the Website.
With this in mind, these cookies allow the Website’s users’ browsing information when viewing the Website to be remembered.
Given their nature, the storage of these cookies does not require the consent of the various users of the Website.
Cookies have a lifespan of one year from the date they are deposited on the user's terminal.
ARTICLE 15 – APPLICABLE LAW, MEDIATION, DISPUTES
The General Terms and Conditions of Sale are subject to French law.
In the event of any difficulty or claim whatsoever, the Customer shall first contact TIMELESS PEARLY, before taking legal action, by contacting its customer service department, in an attempt to reach an amicable solution.
In the event of failure, the Customer may submit this dispute to the Ombudsman, Médicys, whose postal contact details are: 73 boulevard de Clichy - 75009 Paris, and the electronic contact details are: contact@medicys.fr or www.medicys-consommation.fr
Furthermore, at the European level, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may use the online dispute settlement platform set up by the European Commission, which is accessible via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If the dispute is not resolved amicably, the French courts shall have jurisdiction over any dispute.
APPENDIX
WITHDRAWAL FORM
(this form must be returned to TIMELESS PEARLY if the Customer wishes to use his/her right of withdrawal)
For the attention of TIMELESS PEARLY, a French société par actions simplifiée (simplified limited company) registered in the Paris Trade and Companies Register under number 841 886 831, having its registered office at 20 rue de longchamp 75116 PARIS, and its email address: customerservice@timelesspearly.com
I hereby notify you of my withdrawal from the sales contract relating to the Item(s) below:
Item(s) ordered on:
Item(s) received on:
Customer Name:
Customer Address:
Signature of the Customer (only in the event of notification of this form on paper):
Date:
*You may complete and submit this withdrawal form template or any other unambiguous declaration to TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris or to the following email address: customerservice@timelesspearly.com
LEGAL NOTICES
WEBSITE PUBLISHER:
The Website is published by:
TIMELESS PEARLY
Simplified joint stock company
Share capital: 100 euros.
Registered Office: 20 rue de longchamp 75116 PARIS
Registration number in the Paris Trade and Companies Register: 841 886 831
Individual VAT identification number: FR16841886831
WEBSITE HOST:
The Website is hosted on the servers of Gandi, a website hosting company, a simplified joint stock company registered in the Paris Trade and Companies Register under number 423 093 459, whose registered office is at 63-65, boulevard Massena – 75013 Paris.
PUBLISHING DIRECTOR:
The Publishing Director is Mrs Ruth Leslie Abihssira, Chairman.
CUSTOMER SERVICE:
For any information or questions, or Order tracking, the Customer may contact Customer Service:
• by email to the following address: customerservice@timelesspearly.com
• by post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris
• by telephone on 06.08.99.10.70 from Monday to Friday from 10 a.m. to 6:00 p.m.
Item: product offered for sale on the Website;
T&C: means these general terms and conditions of sale;
Customer: a non-trading individual with full legal capacity, placing an Order with TIMELESS PEARLY;
Order: commitment to purchase the Items selected by the Customer from TIMELESS PEARLY, via the Website;
Website: a website published by TIMELESS PEARLY and accessible at the following web address: www.timelesspearly.com
ARTICLE 2 – INTRODUCTION
2.1 Scope of application
This document defines the General Terms and Conditions of Sale of the Items of TIMELESS PEARLY (hereinafter “TIMELESS PEARLY”), a simplified joint stock company registered in the Paris Trade and Companies Register under number 841 886 831, having its registered office at 20 rue de longchamp – 75116 Paris.
These General Terms and Conditions of Sale are exclusively intended to govern remote sales made online, via the Website, between TIMELESS PEARLY and the Customer.
These constitute, with the Order confirmation email, the invoice and the dispatch to the Customer of the tracking number of the parcel containing the Items purchased and dispatched, the only contractual documents governing the relations between TIMELESS PEARLY and the Customer, to the exclusion of any other document and in particular any photograph of the Items which have only indicative and non-contractual value.
The General Terms and Conditions of Sale are binding on the Customer, which acknowledges, by ticking a box provided for this purpose, that he/she has been made aware of them and accepted them before placing an order.
The temporary or permanent inapplicability of one of the clauses of the General Terms and Conditions of Sale shall not constitute a waiver by TIMELESS PEARLY or the Customer of the applicability of all the clauses of the General Terms and Conditions of Sale.
2.2 Changes to the General Terms and Conditions of Sale
TIMELESS PEARLY reserves the right to amend the General Terms and Conditions of Sale at any time.
In the event of modification(s), the applicable General Terms and Conditions of Sale are those in force on the date of the Order.
ARTICLE 3 – ITEMS
3.1 Item characteristics
TIMELESS PEARLY undertakes to make its best efforts to describe the Items as well as possible.
The photographs illustrating these Items have no contractual value.
3.2 Availability of Items
The Items are offered and delivered within the limit of available stock, without TIMELESS PEARLY being held liable in this respect.
If an Item is unavailable, TIMELESS PEARLY shall inform the Customer thereof.
In such a case, the Order is then cancelled and TIMELESS PEARLY undertakes to refund it as soon as possible if payment has already been made.
TIMELESS PEARLY reserves the right to withdraw any Item from sale, at any time.
ARTICLE 4 – PRICE OF ITEMS
All Orders entail a payment obligation for the Customer.
TIMELESS PEARLY reserves the right to change the selling price of the Items at any time.
The selling prices of the Items are indicated including VAT and expressed in euros.
For Orders sent to countries outside the European Union, the Customer must, in addition to the selling price of the Items, pay customs duties and related taxes in his/her country.
The selling prices of the Items are those in force on the day of the Order.
The selling prices of the Items do not include carriage charges or customs duties, which are invoiced in addition to the selling price.
The total amount of the Order, including delivery charges, is indicated on the page summarising the Order.
ARTICLE 5 – ORDER
5.1 Conditions relating to the nature of the Order and to the Customer.
The Customer acknowledges and accepts, in order for the contract with TIMELESS PEARLY to be validly formed, to be a natural consumer and not to purchase Items in the context of the exercise of a professional activity.
In the event of doubt, due in particular to the abnormally high quantity of Items purchased, TIMELESS PEARLY reserves the right not to make the sale. In this case, if payment has already been made, TIMELESS PEARLY undertakes to reimburse the price of the Items to the exclusion of any shipping costs.
5.2 Order steps
To place an Order, the Customer fills his/her virtual basket by selecting the Items and the quantities desired.
The Customer may freely change his/her virtual basket.
The Customer then clicks on the "Confirm my basket" button.
A summary of the Order shows the nature of the Items, the prices and quantity(ies) of the selected Items as well as the total amount of the Order.
The Customer can thus check the details of his/her Order and modify it.
The Customer is then asked to enter the information relating to delivery and the selected payment method.
Until that point, the Customer still has the possibility of returning to the previous pages to correct any errors and possibly modify his/her Order.
The Customer is then invited to click on the "Confirm the Order and proceed with payment" button.
The transaction number is then communicated to the Customer.
An Order confirmation email specifying the details of the Order and the transaction number is sent to the Customer.
If the Customer does not receive this email, he/she must contact TIMELESS PEARLY.
On the day of dispatch of the Items, TIMELESS PEARLY sends the Customer an email sending him/her the invoice and indicating the tracking number of his/her Order.
ARTICLE 6 – PAYMENT
Any Order shall entail a payment obligation for the Customer.
Payment shall be made in full when the Customer confirms the Order.
Payments may be made, on the Website, by PayPal account or by bank card belonging to the following networks: CB, Visa, Eurocard, MasterCard, American Express.
Online payments are made via MERCANET ESSENTIEL, the secure online payment platform of BNP PARIBAS, a limited company registered in the Paris Trade and Companies Register under number 662 042 449 and having its registered office at 16 boulevard des Italiens - 75009 Paris.
TIMELESS PEARLY remains the owner of the Items until they have been paid for in full by the Customer. In the event of partial payment or non-payment, TIMELESS PEARLY may, if it chooses, pursue full payment of the Items or claim ownership thereof.
ARTICLE 7 – DELIVERY
7.1 Delivery times
The Items are delivered to the Customer in accordance with the delivery deadlines indicated at the time of finalising the Order.
Delivery times are in working days.
In all cases, TIMELESS PEARLY undertakes to ensure that the Items are delivered within a maximum period of 30 days from the confirmation of the Order.
As each part is made to order, the delivery times are offered for information purposes without, however, being able to vary significantly.
Delivery times may also vary, particularly in the run-up to the Christmas and New Year holidays.
In such cases, TIMELESS PEARLY will inform the Customer of any delay in delivery and will propose either to continue the sale by agreeing a new delivery date for the Items, or to cancel it and repay the full amount paid by the Customer, if payment has already been made.
In the event of late delivery, the Customer may instruct TIMELESS PEARLY, by registered letter with acknowledgement of receipt or by email, to carry out the delivery within a reasonable additional period. In the absence of delivery within this new timescale, the Customer may cancel the Order by registered letter with acknowledgement of receipt or email addressed to TIMELESS PEARLY. TIMELESS PEARLY will then reimburse him/her, at the latest within a period of fourteen days, for all sums received in respect of the cancelled Order, without the Customer being entitled to any damages.
The Order is considered to be cancelled upon receipt by TIMELESS PEARLY of the letter or email informing it of this cancellation, unless TIMELESS PEARLY has delivered the Order in the meantime.
In all cases, any delay in delivery may not give rise to any damages and interest on the part of TIMELESS PEARLY.
7.2 Delivery terms
The Items are delivered to the address indicated by the Customer at the time of the Order.
It is the Customer's responsibility to provide the information necessary for the delivery of the ordered Items very precisely.
The Customer chooses the desired delivery method.
The Customer may track the various stages of delivery of the Items ordered using the tracking number provided to him/her under the conditions provided for in Article 5 hereof.
In the event of the Customer’s absence at the time of delivery, the chosen carrier leaves a delivery notice indicating its contact details and/or procedures to enable the Customer to collect his/her order.
Delivery is deemed to have been made upon delivery of the Items ordered to the Customer, substantiated by the delivery confirmation system used by the carrier.
7.3 Transfer of risks
The risks of loss or damage to the Items are transferred to the Customer at the time the latter, or a third party designated by him/her, takes physical possession thereof.
Items delivered to the Customer by one of the carriers proposed by TIMELESS PEARLY travel at the risk of TIMELESS PEARLY.
On the other hand, the Items delivered to the Customer by a carrier chosen by the Customer travel at the risk of the latter from the delivery of the Items to the said carrier.
7.4 Delivery costs
The delivery costs for the Items are borne by the Customer and vary according to the place of delivery of the Items as well as the delivery method chosen by the Customer.
These delivery costs are added to the Order amount.
However, delivery costs are offered to the Customer free of charge when the total amount of the ordered Items exceeds €350.
If an Order is returned to TIMELESS PEARLY due to any error on the part of the Customer in entering the delivery address, the delivery costs shall be borne by the Customer.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 Conditions, deadlines and procedures for exercising the right of withdrawal
The Customer has the right to exercise his/her right of withdrawal within a period of 14 days from the delivery of the ordered Items as defined in Article 7.2 of the General Terms and Conditions of Sale.
This 14-day period begins on the day after delivery of the ordered Items, at the beginning of the first hour of the first day and ends on the expiry of the last hour of the last day of the period.
If this period expires on a Saturday, Sunday, public holiday or non-working day, it shall be extended to the next working day.
The Customer may withdraw without giving any reason or paying any penalty.
To exercise his/her right of withdrawal, the Customer must inform TIMELESS PEARLY of his/her wish to withdraw within the said 14-day period by sending the withdrawal form provided for this purpose, appended hereto, to the following email address: customerservice@timelesspearly.com, or by registered letter with acknowledgement of receipt to the following address: TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris.
Exclusion of the Customer's right of withdrawal:
On the other hand, in accordance with Article L221-28 3° of the French Consumer Code, the Customer does not have such a right of withdrawal in the case of personalised Items, manufactured in accordance with his/her personal specifications and/or reworked at his/her request
8.2 Effects of withdrawal – return and refunds
After exercising his/her right of withdrawal, the Customer undertakes to send TIMELESS PEARLY the Items he/she wishes to return within 14 days of exercising his/her right.
This 14-day period is deemed to be respected if the Customer returns the Items before the expiry of this 14-day period.
The Items must be returned intact, accompanied by any accessories, in their original packaging, with a copy of the purchase invoice, and sent to TIMELESS PEARLY at the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré – 75001 Paris.
To make a return, the Customer shall return the Items to TIMELESS PEARLY by any means of his/her choice. He/she must, however, provide evidence to TIMELESS PEARLY and retain proof of dispatch of the returned Items, which therefore assumes a dispatch that could prove a certain date.
The Customer must inform TIMELESS PEARLY of the tracking number of the parcel containing the Items returned by sending an email to the following address: customerservice@timelesspearly.com, or by registered letter with acknowledgement of receipt to the following address: TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris.
Once the Items have been returned and after checking their condition, TIMELESS PEARLY will refund the Customer the invoiced price of the returned Items within 14 days of receipt of said Items and according to the same payment terms as those used at the time of the Order. TIMELESS PEARLY will send an email to the Customer informing him/her that the reimbursement order has been given.
TIMELESS PEARLY shall reimburse the Customer for all sums paid, including delivery costs. However, if the Customer has chosen a more costly delivery method than the standard delivery method offered by TIMELESS PEARLY, the additional costs incurred will not be reimbursed to the Customer.
Delivery costs will only be reimbursed on condition that all ordered Items are returned to TIMELESS PEARLY. Delivery costs will not, therefore, be reimbursed in the event of a partial return of the Order.
In the event of a return that is not carried out in accordance with the requirements imposed above, TIMELESS PEARLY reserves the right not to take back the Items and not to reimburse the returned Items. These will then be returned to the Customer at his/her sole expense.
8.3 Return costs
In the event of withdrawal, the costs of returning the Items shall be borne by the Customer.
8.4 Return costs in the event of an error or omission relating to the description of the Items
In the event of an error or omission relating to the description of the Items, TIMELESS PEARLY shall refund to the Customer the price of the Item(s), in addition to any delivery costs and return costs within 14 days of receipt of said Items and according to the same payment terms as those used at the time of the Order.
ARTICLE 9 – GUARANTEES
TIMELESS PEARLY uses stones and pearls for the production of certain Items, each of which has its own specific features and characteristics.
These characteristics cannot be analysed as a non-compliance or a hidden defect.
9.1 Legal guarantee of conformity
In accordance with the provisions of the French Consumer Code, some of which are set out below, TIMELESS PEARLY guarantees the Customer against all non-conformities in the Items.
The Customer has a period of two years from delivery of the Items to act on the basis of the legal guarantee of conformity.
In the event of nonconformity of the delivered Items, the Customer may choose between the repair and the replacement of the Article, unless this choice entails a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the Article or the significance of the defect. TIMELESS PEARLY is then required to proceed, unless it is impossible, according to the method not chosen by the Customer.
The Customer is exempted from providing proof of non-compliance of the Items within 24 months of delivery of the Items.
In the event that the Items delivered do not correspond to the specifications of the Order, the Customer is invited to inform TIMELESS PEARLY thereof as soon as possible by contacting its customer service department, whose contact details are specified in Article 11 hereof, and to return said Items to TIMELESS PEARLY, intact and in their original packaging, in accordance with the instructions provided by the latter.
In the event of a return on the basis of the legal guarantee of conformity, the return costs shall be borne by TIMELESS PEARLY.
In the event that repair or replacement is not possible, TIMELESS PEARLY undertakes to reimburse the Customer within 14 days of receipt of the Items.
Reminder of the provisions of the French Consumer Code:
Article L217-4 of the French Consumer Code:
"The seller delivers goods in compliance with the contract and is liable for any nonconformity existing at the time of delivery.
It shall also be liable for any nonconformity resulting from the packaging, assembly instructions or installation when it has been made responsible for this by the contract or carried out under its responsibility".
Article L217-5 of the French Consumer Code:
"The goods comply with the contract:
1°If they are suitable for the use usually expected of similar goods and, if applicable: - if they correspond to the description given by the seller and possess the qualities that it has presented to the buyer in the form of a sample or a model;
- if they present the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by its representative, in particular in advertising or labelling;
2° Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted".
Article L217-8 of the French Consumer Code:
"The buyer is entitled to demand the conformity of the property with the contract. However, he/she cannot challenge the conformity by invoking a defect he/she knew about or could not ignore when he/she entered into the contract. The same applies when the defect originates in the materials it supplied itself".
Article L217-12 of the French Consumer Code:
"The action resulting from the nonconformity is time-barred two years from the delivery of the goods”.
Article L217-13 of the French Consumer Code:
"The provisions of this section do not deprive the buyer of the right to exercise the right of action resulting from prohibitive defects as they result from the Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognised by law".
9.2 Guarantee against hidden defects
Article 1641 of the French Civil Code:
"The seller is bound by the guarantee on the grounds of hidden defects in the item sold that render it unfit for its intended use, or that reduce this use so much that the buyer would not have acquired it, or would have only paid a lower price, had he/she known about them".
Article 1648 of the French Civil Code:
"The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect".
In the event that the Customer decides to implement the guarantee against hidden defects in the Article, he/she may choose between rescinding the sale or a reduction in the price paid.
ARTICLE 10 – CUSTOMER SERVICE
For any information, questions or follow-up of Orders, the Customer may contact Customer Service:
By email to the following address: customerservice@timelesspearly.com;
By post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris;
By telephone on 06.08.99.10.70 from Monday to Friday from 10 a.m. to 6 p.m.
ARTICLE 11 – LIABILITY
TIMELESS PEARLY cannot be held liable in the event of:
an error(s) made by the Customer when entering his/her identity, contact details, delivery information, email address or any other information that does not allow the delivery of the confirmation email referred to in Article 5 and the delivery of the Order;
non-performance or poor performance of the contract due either to the Customer, the insurmountable and unforeseeable event of a third party, or to any fortuitous event or force majeure within the meaning of Article 1218 of the French Civil Code;
In the event of force majeure, the performance of TIMELESS PEARLY’s obligations will be suspended for as long as this continues. TIMELESS PEARLY shall inform the Customer of the existence of this case of force majeure by email. If the case of force majeure persists for more than 15 days, the Customer shall be entitled to terminate the contract and TIMELESS PEARLY shall reimburse him/her for the price of any Items received within 14 days of notification of the Customer’s decision.
total or partial disruption and/or strike, in particular of postal services, means of transport and/or telecommunications;
interruption or suspension of the operation of the Website for any reason beyond its control;
in the event that the Items do not comply with the legislation of the Customer’s country where they are delivered; the Items are compliant with the French legislation in force;
breakage, alteration of Items caused by negligence, damage or improper use of Items.
ARTICLE 12 – INTELLECTUAL PROPERTY
The Website and all its content (including, without limitation, texts, comments, illustrations, etc.…), are the exclusive property of TIMELESS PEARLY.
Any reproduction, in whole or in part, of the Website and its content is strictly prohibited. Likewise, the creation of hypertext links to the Website or one of its pages is prohibited.
TIMELESS PEARLY is the owner of the intellectual property rights on the Website, its design, and in particular, without this list being exhaustive, the TIMELESS PEARLY brand, its logos and acronyms, its domain name www.timelesspearly.com, the Items and their photographs, and the related drawings and models.
Any reproduction of the elements referred to below, without the express prior written agreement of TIMELESS PEARLY, is strictly prohibited.
Only use for private use is permitted.
ARTICLE 13 – PROTECTION OF PERSONAL DATA
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the "GDPR", the Customer is informed that TIMELESS PEARLY carries out automated processing of his/her personal data that he/she comes to provide on the Website and/or to communicate by any other means to TIMELESS PEARLY.
The personal data collected from Customers is as follows: last name, first name, gender, postal address, email address, landline and mobile phone numbers.
TIMELESS PEARLY is the only recipient of the personal data thus collected.
The personal data of Customers is not transferred to countries outside the European Union.
In accordance with the provisions of said Regulation (EU) 2016/679, TIMELESS PEARLY undertakes to ensure the security and confidentiality of its Customers’ personal data.
The computerised processing of the Customer's personal data is carried out with the aim of being able to:
- manage Orders,
- contact the Customer in the event of difficulties encountered in connection with the Order,
- inform him/her of any promotional offers;
- send him/her mailings, newsletters, catalogues, etc.…, unless the Customer has expressly waived receiving such publications;
- ensure the recovery of any sums due;
- provide the best possible service to the Customer;
- comply with legal and regulatory obligations.
TIMELESS PEARLY is the data controller for personal data.
The personal data of Customers is retained for a period of five years following the last Order placed.
The Customer may at any time:
object to the collection of his/her personal data;
have access to it;
request its modification or deletion;
request its return (right of portability);
object to its use, in particular for marketing or mailing purposes, and more broadly ask to limit its use;
withdraw his/her consent to the collection of his/her personal data.
All requests in this regard must be sent to TIMELESS PEARLY as follows:
by email to the following address: customerservice@timelesspearly.com;
or by post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris.
The Customer may, at any time, lodge a complaint with the authorities of the Customer’s country responsible for data protection, and in particular with the CNIL (CNIL - 3 Place de Fontenoy - 75007 Paris).
ARTICLE 14 – COOKIES
Cookies are trackers deposited and/or read on the user's device when browsing the Website.
TIMELESS PEARLY only uses functional cookies that are strictly necessary for the provision of its services and the proper functioning of the Website. Their purpose is to facilitate user navigation on the Website.
With this in mind, these cookies allow the Website’s users’ browsing information when viewing the Website to be remembered.
Given their nature, the storage of these cookies does not require the consent of the various users of the Website.
Cookies have a lifespan of one year from the date they are deposited on the user's terminal.
ARTICLE 15 – APPLICABLE LAW, MEDIATION, DISPUTES
The General Terms and Conditions of Sale are subject to French law.
In the event of any difficulty or claim whatsoever, the Customer shall first contact TIMELESS PEARLY, before taking legal action, by contacting its customer service department, in an attempt to reach an amicable solution.
In the event of failure, the Customer may submit this dispute to the Ombudsman, Médicys, whose postal contact details are: 73 boulevard de Clichy - 75009 Paris, and the electronic contact details are: contact@medicys.fr or www.medicys-consommation.fr
Furthermore, at the European level, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may use the online dispute settlement platform set up by the European Commission, which is accessible via the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
If the dispute is not resolved amicably, the French courts shall have jurisdiction over any dispute.
APPENDIX
WITHDRAWAL FORM
(this form must be returned to TIMELESS PEARLY if the Customer wishes to use his/her right of withdrawal)
For the attention of TIMELESS PEARLY, a French société par actions simplifiée (simplified limited company) registered in the Paris Trade and Companies Register under number 841 886 831, having its registered office at 20 rue de longchamp 75116 PARIS, and its email address: customerservice@timelesspearly.com
I hereby notify you of my withdrawal from the sales contract relating to the Item(s) below:
Item(s) ordered on:
Item(s) received on:
Customer Name:
Customer Address:
Signature of the Customer (only in the event of notification of this form on paper):
Date:
*You may complete and submit this withdrawal form template or any other unambiguous declaration to TIMELESS PEARLY – 211 Rue Saint-Honoré– 75001 Paris or to the following email address: customerservice@timelesspearly.com
LEGAL NOTICES
WEBSITE PUBLISHER:
The Website is published by:
TIMELESS PEARLY
Simplified joint stock company
Share capital: 100 euros.
Registered Office: 20 rue de longchamp 75116 PARIS
Registration number in the Paris Trade and Companies Register: 841 886 831
Individual VAT identification number: FR16841886831
WEBSITE HOST:
The Website is hosted on the servers of Gandi, a website hosting company, a simplified joint stock company registered in the Paris Trade and Companies Register under number 423 093 459, whose registered office is at 63-65, boulevard Massena – 75013 Paris.
PUBLISHING DIRECTOR:
The Publishing Director is Mrs Ruth Leslie Abihssira, Chairman.
CUSTOMER SERVICE:
For any information or questions, or Order tracking, the Customer may contact Customer Service:
• by email to the following address: customerservice@timelesspearly.com
• by post to the following address: TIMELESS PEARLY - 211 Rue Saint-Honoré– 75001 Paris
• by telephone on 06.08.99.10.70 from Monday to Friday from 10 a.m. to 6:00 p.m.