GENERAL CONDITIONS OF SALE

These General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, persons making a purchase via the website www.yparis.fr, hereinafter referred to as the “Customer” and, on the other hand, the company publishing the site, the company STUDIO NEUTRAL, hereinafter referred to as the “Seller”.

The Seller:

STUDIO NEUTAL is a limited liability company with a share capital of 1,000 euros.

Registered in the Paris Trade and Companies Register under number 953 690 294

Whose head office is located at 78 rue des gravilliers - Paris (75003)

Email: serviceclient@yparis.fr

Tel: 01.40.09.13.44

The Client:

The Site Customer must be a consumer, a natural person of legal age and legally capable.

The Customer must, when placing their first order on the Site, open a customer account and complete an order form specifying certain mandatory fields so that their product order can be taken into account by the Seller.

The following was stated and agreed:

Preamble

The Seller's business is the sale of designer jewelry, textiles and accessories.

The Seller ensures in particular the marketing of the aforementioned goods and/or services through the website www.yparis.fr. The list of goods and services offered for sale online by the Seller can be consulted on the website available at the address www.yparis.fr.

The Parties agree that their relationship will be governed exclusively by this contract, to the exclusion of any conditions previously available on the Seller's website.

The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale are those in effect on the date the order is validated. The Parties agree that the photos of the Goods for sale on the site www.yparis.fr have no contractual value.

Article 1. Definitions

The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of these presents:

“Article”: the Good(s) which were the subject of the Order;

“Goods”: any product offered for sale on the Site;

“Order”: request for Goods or Services made by the Customer to the Seller;

“General Conditions of Sale”: the general conditions of sale which are the subject of this document;

"Contract": this document, including its preamble and its annexes as well as any amendment, substitution, extension or renewal made to this document pursuant to the agreement of the Parties;

“Delivery Time”: period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;

“Delivery Costs”: cost of the expenses incurred by the Seller to deliver the Order to the Delivery address indicated by the Customer;

“Delivery”: shipment of the Item to the Customer;

“Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order;

“Price”: the unit value of a Good or Service; this value is inclusive of all taxes and exclusive of Delivery Charges;

“Total Price”: the total amount of the cumulative Prices of the Goods and Services which are the subject of the Order; this amount is inclusive of all taxes;

“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Charges; this amount includes all taxes;

“Service”: any service offered for sale on the Site;

“Site”: Online Sales site “www.yparis.fr” used by the Seller for the marketing of its Goods/Services;

“Territory”: has the meaning given to that term in Article 3;

“Order Validation”: has the meaning given in Article 5;

“Online Sale”: marketing of the Seller’s Goods and Services via the Site;

References to Articles are references to Articles of this Agreement, unless otherwise provided.

Any reference to the singular includes the plural and vice versa.

Any reference to one gender includes the other gender.

Article 2. Purpose

The purpose of this Contract is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.

Article 3. Scope of application

These General Conditions of Sale are reserved for consumers only, as defined by law and case law, acting exclusively on their own behalf and domiciled in the European Economic Area.

In accordance with Articles L. 111-1 and L. 111-4 of the Consumer Code, the essential characteristics and prices of Goods and Services sold electronically are available on the Site.

The professional also communicates to the consumer information relating to his identity, his postal, telephone and electronic contact details and his activities, as well as, where applicable, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementing the guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the Consumer Code.

Furthermore, the Customer receives the information provided for in Articles L. 121-11 and L. 221-11 of the Consumer Code, prior to and after the conclusion of the sale and in particular by means of these General Conditions of Sale.

These General Conditions of Sale are applicable to all sales of Goods and Services by the Seller made through the Site.

The Customer declares to have read these General Conditions of Sale before Validating the Order within the meaning of Article 5.

Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale. These General Conditions of Sale are applicable to Orders made for Delivery in mainland France (the "Territory").

Article 4. Entry into Force and Duration

This Contract comes into force on the date of Validation of the Order as defined in Article 5.

The Contract is concluded for the duration necessary for the supply of the Goods and Services, until the expiry of the guarantees and obligations owed by the Seller.

Article 5. Ordering Goods and Services and Stages of Conclusion of the Online Sale

In order to complete the Order, the Customer must follow the following steps:

1. Enter the Site address;

2. Follow the instructions on the Site and in particular, the instructions necessary for opening a customer account;

3. Add the Product to your basket, specifying the quantity;

4. Complete the order form and provide the personal data required for the order. In the event of prolonged inactivity while logging in, the selection of Goods and Services chosen by the Customer prior to this inactivity may no longer be guaranteed. The Customer is then invited to restart their selection of Goods and Services from the beginning;

5. Check the elements of the Order and, if necessary, identify and correct errors;

6. Choose your delivery method;

7. Read and accept the General Conditions of Sale;

8. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”);

9. Follow the instructions of the online payment server to pay the All-Inclusive Price.

The Customer then receives electronically and without delay a confirmation of acceptance of payment of the Order.

The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the "Order Confirmation").

The Customer receives electronic confirmation of the dispatch of the Order.

Delivery will take place at the delivery address indicated by the Customer when placing the Order. When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions pursuant to Article 1366 of the Civil Code.

The Seller undertakes to honor the Order only within the limits of available stocks of the Goods. In the event of unavailability of the Goods, the Seller undertakes to inform the Customer. In the event of payment of the price, the Seller will reimburse the Customer for the full amount advanced for the unavailable Products.

However, in accordance with Article L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order as well as any order not in accordance with these General Terms and Conditions. In these cases, the Seller will inform the Customer by telephone or by email.

Article 6. Price of Goods and Services and Conditions of Validity

The Price of the Goods and Services sold on the Site is indicated respectively by item and reference or by service and reference.

At the time of Order Validation, the price to be paid is understood to be the All-Inclusive Price.

Product prices are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier depending on the destination country.

The validity period of offers and prices is determined by the updating of the Site.

Article 7. Payment Conditions

Payment of the All-Inclusive Price by the Customer is made exclusively by credit card. Accepted credit cards are those of the Carte Bleue, Visa, Eurocard / MasterCard networks.

The transaction is immediately debited from the Customer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

Payment for purchases is made via the secure platform of our partner STRIPE.

In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing their bank card information, the Customer authorizes the Seller to debit their bank card with the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer provides the sixteen digits and the expiry date of his bank card as well as, where applicable, the numbers of the visual cryptogram.

In the event that the debit of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated automatically and the Order will be cancelled.

The Seller implements all means to ensure the confidentiality and security of data transmitted on the Site.

Article 8. Delivery of the Order

8.1. Delivery Method

The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.

8.2. Delivery Address

The Customer must choose a Delivery address that is necessarily located within the Territory, otherwise the Order will be refused. The Customer is solely responsible for any failure to deliver due to a lack of information when placing the Order.

8.3. Amount of Delivery Charges

The amount of the Delivery Charges depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Charges is indicated to the Customer before the Order is confirmed.

8.4. Delivery Times

Delivery Times are available on the Site and may vary depending on the availability of the Goods that were the subject of the Order.

Delivery Times are understood to be in working days and correspond to the average times for preparing and delivering the Order within the Territory.

Delivery Times run from the date of Confirmation of the Order by the Seller.

8.5. Delay in Delivery

In the event of a delay in Delivery, the Order is not cancelled.

The Seller shall inform the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by post or email.

In the event that the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery is blocked and the Customer is reimbursed for any amounts debited within fourteen days of receiving the cancellation notice. In the event that the Order has already been shipped when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller will then reimburse the amounts debited and the return costs paid by the Customer within fourteen days of receiving the return of the refused package complete and in its original condition.

8.6. Verification of the Order upon arrival

The Customer is required to check the condition of the packaging and the Items upon Delivery.

Therefore, upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the Product delivered.

It is the Customer's responsibility to make any reservations and complaints he deems necessary, or even to refuse the package, when the package is clearly damaged upon Delivery. Said reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of Delivery of the Goods.

The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-conformity of the Goods in nature or quality with the specifications mentioned in the Delivery note, the Customer must inform the Seller's Customer Service by email and return the Goods to the address indicated in the conditions of Article 8.

Article 9. Right of withdrawal

The Customer has a right of withdrawal which he can exercise within fourteen calendar days following the date of receipt or collection of the Order. In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

The Customer who wishes to exercise his right of withdrawal must return the Items at his own expense within the aforementioned period, in their original packaging, complete and new.

Before the expiry of this 14-day period, the Customer must inform the Seller of his decision to withdraw either by sending him the withdrawal form below by cutting it out, after having duly completed it, or by sending him an email expressing this decision clearly and unambiguously and mentioning his order number to the following email address: serciceclient@yparis.fr.

Withdrawal form

(Please complete and return this form only if you wish to exercise your right of withdrawal regarding an order)

To the attention of STUDIO NEUTRAL - Customer Service - 78 Rue des Gravilliers - 75003 Paris

I hereby notify you of my withdrawal from the contract for the sale of the Product below:



Ordered on: and received on:



Order Number:



Client Name:



Customer Address:



Customer Signature:



Date :





The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to the Seller, at the address mentioned on the withdrawal form no later than 14 days following communication of his decision to withdraw.

The Seller must reimburse the Customer, including delivery costs, no later than 14 days from the date on which the Seller actually collected the Product or from the date on which the Customer provided proof of shipment of the Product.

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

Regarding returns of personalized products, Article L 221-21 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

Article 10. Warranty

10.1. Legal guarantee

The Seller is subject to the legal guarantee conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and Articles 1641, 1644 and 1648 of the Civil Code:

Art. L. 217-4 of the Consumer Code:

“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Art. L. 217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

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

Art. L. 217-7 of the Consumer Code:

“Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Art. L. 217-8 of the Consumer Code:

"The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied."

Art. L. 217-9 of the Consumer Code:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

Art. L. 217-10 of the Consumer Code:

"If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.

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

Art. L. 217-11 of the Consumer Code:

“The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer.

These same provisions do not prevent the allocation of damages.

Art. L. 217-12 of the Consumer Code:



“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”

Art. 1641 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Art. 1644 of the Civil Code:

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded."

Art. 1648 of the Civil Code:

"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

The preceding provisions do not exclude the application of the legal guarantee of hidden defects of articles 1641 et seq. of the Civil Code, in accordance with the provisions of article L. 217-4 of the Consumer Code.

The Customer may exercise these guarantees by sending his request to:

STUDIO NEUTRAL

Customer Service

78 Rue des Gravilliers – 75003 Paris

Telephone: 01.40.09.13.44

Email: serviceclient@yparis.fr

When the Customer acts under the legal guarantee of conformity, he:

- will benefit from a period of two years from delivery of the goods to act;

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

- will be exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.

The guarantee of conformity will apply regardless of the commercial guarantee granted.

The Customer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

10.2 Commercial guarantee

In addition to the legal guarantees referred to above, there is a commercial guarantee which covers the repair of jewelry (replacement of clasp, broken chain, soldering operations, etc.).

The Customer may request the application of this guarantee by mail (by returning the Product) or by going directly to the store with the Product and proof of purchase.

This warranty is free and runs from the date of delivery of the Product for a period of one (1) year.

This commercial guarantee does not apply:

to improper use and defects in use;
to deterioration due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
in the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene;
in case of natural wear and tear;
to interventions carried out on the jewel by any person not authorized by Customer Service as well as damage resulting from such intervention.
According to article L 217-16 of the Consumer Code:

"When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least 7 days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the making available for repair of the good in question, if this making available is subsequent to the request for intervention."

Article 11. Intellectual property rights

The Customer is granted a limited right to use the Site, which remains the exclusive property of the Seller, who created and put online, in particular, the web pages, images and script sources, and basic data composing it.

The Client is therefore prohibited from distributing or reproducing the Site, in whole or in part, in any form whatsoever.

The Seller's Products, the Y PARIS brands, as well as all figurative or non-figurative brands and, more generally, all other brands, illustrations, images, designs and logos appearing on the Site, on the Products, on the accessories or packaging, whether registered or not, are and will remain the exclusive property of the Seller.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.

Article 12. Data Confidentiality

When you place an order, the personal data collected will be subject to computer processing. You are invited to refer to the "Personal Data" tab of the Website for all the information relating to this point.

Article 13. Force Majeure

The Seller's performance of its obligations under this Contract shall be suspended in the event of the occurrence of a fortuitous event or force majeure which hinders or delays its performance.

The Seller shall notify the Customer of the occurrence of such an act of God or force majeure within thirty days from the date of occurrence of the event.

When the suspension of the execution of the Seller's obligations continues for a period exceeding thirty days, the Customer has the option of terminating the current Order and the Seller will then proceed to reimburse the Order under the conditions referred to in Article 7.

Article 14. Nullity of a Clause of the Contract

If any provision of this Agreement is invalidated, such invalidity shall not entail the invalidity of the other provisions of the Agreement which shall remain in force between the Parties.

Article 15. Modification of the Contract

Any amendment, termination or waiver of any of the clauses of this Agreement will only be valid after written agreement signed between the Parties.

Article 16. Independence of the Parties

Neither Party may make any commitment in the name and/or on behalf of the other Party. Furthermore, each Party remains solely responsible for its claims, commitments, services, products and personnel.

Article 17. Non-waiver

The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein cannot be interpreted for the future as a waiver of the obligation in question.

Article 18. Notifications

All notices required to be given under this Agreement shall be deemed to have been given if given by registered letter with acknowledgment of receipt to the following addresses:

To the Seller: STUDIO NEUTRAL - Customer Service - 78 Rue des Gravilliers - 75003 Paris.

To the Customer: Customer's address as communicated by him in the order form.

Article 19. Complaints and amicable settlement of disputes

Under Article L. 612-1 of the Consumer Code: "Every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system."

Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or provision of services, between a consumer and a professional. The text covers national and cross-border disputes.

For any difficulties, we invite you to contact us beforehand or to contact our after-sales service:



STUDIO NEUTRAL

Customer Service

78 Rue des Gravilliers – 75003 Paris

Telephone: 01.40.09.13.44

Email: serviceclient@yparis.fr

Only complaints relating to the Online Sale of Items will be taken into account.

Within one year of your request to our services, in accordance with Article R. 616-1 of the Consumer Code, you may have your request examined by a mediator whose contact details are provided below, knowing that a dispute may only be examined, except in exceptional circumstances, by a single mediator:

Joint Commission for Direct Selling Mediation

1, rue Emmanuel Chauvière – 75015 – Paris

Tel.: 01 42 15 30 00

Email: info@cmpvd.fr

Website: http://mediation-vente-directe.fr/

Cross-border disputes: European Consumer Centre France europe-consommateurs.eu

You may, at your own expense, be assisted by counsel.

Article 20. Applicable law

This Agreement shall be governed by French law.

Article 21. Attribution of jurisdiction

Any dispute arising from the formation, interpretation or execution of this Contract shall be under the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, notwithstanding multiple defendants or third-party claims.