ARTICLE 1 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the “General Conditions of Sale”, or the “GCS”) are applicable exclusively to the online sale of products offered by the Company on its Sharon Boccara Jewelry website (the “Site”).

The General Terms and Conditions are made available to customers on the Site where they can be consulted directly and can also be communicated to them upon simple request by any means.

The General Terms and Conditions are binding on the Customer who acknowledges, by checking the box or clicking on the button provided for this purpose, having read and accepted them before placing an order. The Company ensures the conservation of said General Terms and Conditions.

The use of the distance selling process described in these General Terms and Conditions is reserved for consumers only, within the meaning of the introductory article of the Consumer Code.

ARTICLE 2 – DESCRIPTION OF PRODUCTS

The Site is an online sales site for jewelry (hereinafter the “Product(s)”) open to any natural or legal person using the Site.

The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of French legislation in force.

The Customer remains responsible for the terms and consequences of his/her access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain his/her responsibility. In addition, the Customer must provide and fully assume the equipment necessary for connection to the Site.

ARTICLE 3- ACCURACY OF INFORMATION PROVIDED BY THE CUSTOMER

The Customer undertakes to provide real, accurate and up-to-date information at the time of entering it in the order form, and in particular not to use false names or addresses, or even false names or addresses without authorization.

ARTICLE 4 - ORDERS

The Company strives to ensure optimal availability of its Products. Product offers are valid while stocks last.

If, despite all the Company's efforts, a Product proves to be unavailable after the Customer's order, the Company will inform the Customer by email as soon as possible and the Customer will have the choice between:

• the delivery of a Product of a quality and price equivalent to that initially ordered, or

• reimbursement of the price of the Product ordered.

Except for any indication to the contrary contained in these General Conditions of Sale and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it using the "double-click" technique, that is to say that after having selected Products added to the basket in the desired quantities, the Customer must check and possibly correct the details of his order (identification, quantity of products selected, price, terms and delivery costs) before confirming it by clicking on "I confirm my order", then he provides his bank details and, after having read them, acknowledges accepting these General Terms and Conditions by checking the box provided for this purpose before clicking on the "Buy" button. The "double click" constitutes acceptance without restriction or reservation of the order by the Customer. The contract between the Company and the Customer is then formed.

A copy of these General Conditions of Sale as accepted by the Customer will be sent to the Customer by email at the time of confirmation of his order so that the latter can refer to it.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail. The Company strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is also sent to the Customer by e-mail. The Company also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

The Company archives product sales contracts in accordance with applicable legislation. The archiving of communications, contracts, orders and invoices is ensured by the Company

on a reliable and durable medium so as to constitute a faithful and durable copy. By making a request to the following address contact@mellerio.fr, the Company will provide the Customer with a copy of the contract that is the subject of the request. These communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Company on the Internet or by telephone constitute proof of all transactions between the Company and its Customers.

Any email sent to the Customer in connection with an order will be sent to the email address provided by the Customer when placing the order.

The Company reserves the right not to validate the Customer's order when:

• The Customer does not comply with the General Conditions of Sale in force at the time of his order;

• The Customer's order history shows that amounts remain due under previous orders;

• One of the Customer’s previous orders is the subject of a dispute currently being processed;

• The Customer has not responded to a request for confirmation of his order that the Company sent to him.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Company.

The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the Company cannot be held liable under any circumstances in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity to enter into a commitment under these General Conditions of Sale.

The order may be terminated by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of:

• delivery of a Product not conforming to the declared characteristics of the Product;

• delivery exceeding the deadline set in the order confirmation or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Company has been ordered, under the same conditions and without result, to make delivery within a reasonable additional period;

• a price increase which is not justified by a technical modification of the product imposed by the public authorities.

The order may be cancelled by the Company in the event of:

• refusal by the buyer to take delivery;

• non-payment of the price (or the balance of the price) at the time of delivery.

ARTICLE 5 - PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

In any event, the Company reserves the right to verify the validity of the payment, before dispatching the order, by all necessary means.

The Company uses the Stripe online payment solution.

The Company only accepts payments by bank card.

Payment is made via the online payment solution, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The commitment to pay given by card is irrevocable. The Customer's account will only be debited with the corresponding amount when (i) the data of the bank card used have been verified and (ii) the debit has been accepted by the bank issuing the bank card.

Failure to debit the amounts due will result in the immediate nullity of the sale.

The bank card may be refused in particular if it has expired, if it has reached the maximum amount of spending to which the Customer is entitled or if the data entered is incorrect.

Where applicable, the order validated by the Customer will only be considered effective after acceptance of the debit by the bank issuing the bank card.

As part of the control procedures, the Company may be required to ask the Customer for all documents necessary to finalize the order. These documents will not be used for any purpose other than these.

ARTICLE 6 - PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC) including delivery and transport costs. The prices take into account the discounts and reductions granted by the Company, where applicable. In the event of a promotion, the Company undertakes to apply the promotional price to any order placed during the period specified in the advertising carried out for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full immediately upon ordering.

The total amount owed by the Customer and its details are indicated before the order placing stage.

In the event of a data entry, printing or calculation error resulting in a price significantly lower than the price normally charged, the Customer will be charged the lowest price unless this price is clearly derisory, i.e. without t compared to the actual value of the product ordered. In this case, the order, even if it has been automatically confirmed by the Company, will be cancelled. The Customer will be informed as soon as possible so that they can, if they wish, reorder at the price normally charged.

ARTICLE 7 - RETENTION OF TITLE

The Company remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

ARTICLE 8 - SHIPPING AND DELIVERY

The online sales offers presented on the site are applicable worldwide.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Company offers the following delivery or shipping methods:

• Express delivery by DHL for Europe and FedEx for international shipments

Shipping is handled by Sharon BOCCARA jewelry.

The Company undertakes, in accordance with the delivery time indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order. If it is a custom order, delivery may take up to 8 weeks.

Delivery times are announced in working days on the Site when ordering. These times include the preparation and shipping of the order as well as the time provided by the carrier.

The Company undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and in the basket, provided that payment for the order has not been refused.

However, if one or more Products cannot be delivered within the time initially announced, the Company will send an email indicating the new delivery date to the Customer.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore the Customer's responsibility to check that this address does not contain any errors. The Company cannot be held responsible if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, you will be asked to sign an acknowledgement of receipt.

No delivery will be made to a PO Box.
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. The Customer must indicate on the delivery note any complaints regarding the quantity or condition of the Product.

ARTICLE 9 - RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Company. The Customer will have a period of fourteen (14) days from the date of receipt of the order to do so.

In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer may send an email to contact@boccarajewelry.fr to receive the information allowing the return to be made.

The Company will send an acknowledgement of receipt of the Customer's withdrawal request by email.

Where applicable, the Customer may exercise his right of withdrawal by providing the Company with the following information:

• name, geographic address, telephone number and email address;

• decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail provided that these contact details are available and therefore appear on the standard withdrawal form).

Returns are offered by Sharon Boccara Jewelry within 14 days.

The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:

for the supply of goods made to the consumer's specifications or clearly personalized.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (name, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The Company will reimburse the Customer for the amount of the Product within fourteen (14) days from the receipt by the Company of the Product and all the elements allowing the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid for his order in the form of credits/gift vouchers may be reimbursed by credits/gift vouchers according to the Company's wishes.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.

ARTICLE 12 - CUSTOMER SERVICE

The Client may contact the Company:

• by email by contacting contact@boccarajewelry.fr indicating your name, telephone number, the subject of your request and the number of the order concerned.

ARTICLE 11 - LIABILITY AND WARRANTY

The Company cannot be held responsible for non-performance of the contract due to the Client or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of a third party present.

The characteristics and constraints of the Internet do not allow us to guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Company does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates or technical improvements, or to develop their content and/or their presentation.

The Company may not be held responsible for the use that may be made of the Site and its services by Customers in violation of these General Conditions of Sale and for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Company may not be held responsible for false declarations made by a Customer and their behavior towards third parties.

Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217-14 of the Consumer Code), and the guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal guarantee of conformity:

• you have a period of two (2) years from delivery of the goods to take action:

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

• you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

You may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or the reduction of the sale price in accordance with Article 1644 of the Civil Code.

Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of Articles 1641, 1644 and of the first paragraph of Article 1648 of the Civil Code, as in force on the date of these General Conditions of Sale:

Art. L.217-4 of the Consumer Code: the good is responsible
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his 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, the producer or his representative, in particular in advertising or labelling;
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 in the goods
"defects of conformity which appear within twenty-four months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller may contest this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
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 clearly disproportionate 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 this is impossible, according to the method not chosen by the buyer."
Art. L.217-12 of the Consumer Code: expiration of the good
“The action resulting from the lack of conformity is an action for civil, criminal and penal liability, which can be brought against the buyer.

ARTICLE 12 PERSONAL INFORMATION

For more information regarding the Company's use of personal data, please read the Privacy Policy (the "Charter") carefully. You can consult this Charter at any time on the Site.

ARTICLE 13 ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions of Sale constitute a contract governing the relationship between the Customer and the Company. They constitute the entirety of the rights and obligations of the Customer and the Company relating to their subject matter. If one or more provisions of these General Terms and Conditions were declared null and void pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions of Sale does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to invoke such a breach in the future.

CHANGES TO CONDITIONS

The General Conditions of Sale applicable to the Customer are those available on the date of the order, a copy of which may be given to the Customer upon request. It is therefore specified that any modification to the General Conditions of Sale which may be made by the Company will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.

The Company advises the Customer to save and/or print these General Conditions of Sale for safe and long-term storage, and thus to be able to invoke them at any time during the execution of the contract if necessary.

COMPLAINTS - MEDIATION

In the event of a dispute, you must first contact the Company's customer service at the following address: contact@mellerio.fr 0142615753

In the event of failure of the complaint request to customer service or in the absence of a response from this service within ten (10) days, the Customer may submit the dispute relating to an order or to these General Terms and Conditions opposing him to the Company to the following mediator: https://www.mediateurfevad.fr/

The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.

APPLICABLE LAW AND COMPETENT COURTS

These General Conditions are governed, interpreted and applied in accordance with French law. In the event of a dispute, the French courts will have sole jurisdiction.