Terms and conditions
1. Legal Notice
These general terms and conditions (hereinafter the "GTC") of sale apply exclusively to the offer and sale of products Poinçon 22 on the www.poincon22.com website (hereinafter the "Site"). Products purchased on the Site are sold directly by Poinçon 22, a simplified joint stock company with capital of 1000 euros, registered with the Lille Trade and Companies Register under No. 829 575 653, whose registered office is located at 129, rue Royale, 59800 Lille. For further information, please contact contact@poincon22.com.
Hereinafter the "Seller".
And any person making a purchase on the www.poincon22.com website: Hereinafter referred to as the "Customer".
2. Contract
The purpose of these General Terms and Conditions is to define the contractual relationship between the Vendor and the Customer, and the conditions applicable to any purchase made through the Site.
By accepting these GTC, the Customer agrees not to purchase for resale, as defined in article L 110-1 of the French Commercial Code.
The Customer must be at least 18 years of age and have legal capacity or parental authorization to place an order on the Site and not be under guardianship.
The purchase of a product on the Site implies full acceptance by the Customer of the present General Terms and Conditions. They shall prevail over any other general or special conditions of the Customer.
The Vendor reserves the right to modify these GCS at any time. However, it is agreed that the GCS applicable to the Customer will be those in force at the date of his order on the Site.
3. Products and LEGAL warranty
Poinçon 22 sells and offers jewelry (hereinafter Product(s)) on its Site.
The Products offered on the Site are those described at the time of consultation. Poinçon 22 endeavours to provide as much information as possible about its Products with a detailed technical description. The Customer acknowledges and accepts that the details given on the Product data sheets may vary significantly due to the nature of the Products. The weights indicated are averages.
The images and colors of the products offered for sale on the Site may not correspond to the actual colors due to the effect of the Internet browser and the screen used.
Poinçon 22 complies with current legislation concerning defects in conformity of the product with the Contract and redhibitory defects under the conditions set out in articles 1641 to 1649 of the French Civil Code:
"Article L. 217-4 of the French Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code: To conform to the contract, the goods must :
1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Poinçon 22 does not cover damage to Products caused by accident, misuse or abuse, modification, attempted repair, negligence following purchase, or normal wear and tear. It is therefore reminded, where necessary, that (i) damage, deformation and destruction of the Products, as well as (ii) breakage and loss of stones, caused by external forces, shocks or handling defects, are not covered by the legal warranty. Jewelry made with chains is not covered by the legal warranty, as the correct use of chains determines the solidity of the jewelry in question. If you accept the estimate, you will be invoiced for the repair.
4. Product prices and delivery
Unless otherwise stated, the price shown on each product sheet includes VAT, excluding delivery charges and other taxes.
Product prices and delivery charges may be updated by Poinçon 22 at any time and without notice. The customer must therefore check the final selling price of a product before transmitting and validating the order. The price displayed on the Site at the time you receive confirmation of your order will be the price applicable to the sale and will be respected by Poinçon 22.
The amount of the delivery charges is not indicated on the card of each product but is added to the price of the product as soon as a delivery option has been chosen. The delivery costs and the amount of the applicable VAT are indicated before you validate the order. The final VAT rate that will be retained is the one applicable at the time of shipment of your order. In case of a change in this rate between the confirmation of your order and its shipment, you will be contacted by in Poinçon 22 order to confirm or not your order.
5. Order process
The delivery time for a product is indicated in the product description.
To validate his order, the Customer must follow the various steps set up by Poinçon 22 the Site:
The customer adds the product to his basket, specifying the quantity.
If required, the customer can specify a personalized engraving. The customer can check the engraving requested at any time by clicking on the "Edit the details" button in the order summary in the shopping cart.
The Customer indicates his personal data.
The Customer chooses the delivery method.
It is the Customer's responsibility to check the total price of the order, taking into account the price of the Product(s), delivery charges and VAT. It is also the Customer's responsibility to check the engraving details.
The Customer makes the payment
The customer is solely responsible for the accuracy of the information provided. Any engraving made at the customer's request cannot be modified, and is the sole responsibility of the customer.
To avoid any errors, we recommend that you carefully check the details of your order (product, price, quantity, personalized engraving) before confirming the purchase, and detect and correct any data entry errors.
Poinçon 22 reserves the right to refuse, cancel or terminate orders at any time for legitimate and legal reasons. Poinçon 22 may refuse, cancel or terminate an order if there is an ongoing dispute concerning payment of a previous order, or if Poinçon 22 suspects a breach of the GTC or any attempt at fraud.
The contract shall be deemed concluded upon receipt of your order confirmation received by Poinçon 22 e-mail, and after the latter has checked the accuracy of your order data.
Once your order has been validated, you will be sent an e-mail containing a summary of the order information (essential characteristics of the product, personalized engraving, price, means of payment, right of withdrawal, delivery times and costs).
6. Quantity and availability
Any order placed on the Site is subject to availability and consent of Poinçon 22.
In the event that certain products presented on the Site are no longer available or offered for sale at the time of sending your order validation, will inform Poinçon 22 you promptly.
In case of validation of your order and payment of the price of the ordered products, Poinçon 22 will do what is necessary to reimburse you the amount paid at the latest within thirty (30) days from the date of your payment.
7. Payments
The Site offers payment by credit card. Payment is made via the Stripe secure system, which uses SSL (Secure Socket Layer) protocol so that information transmitted is encrypted. Poinçon 22 accepts no liability in the event of a dispute between the Customer and Stripe. Once the order has been finalized, Poinçon 22 confirms payment to the Customer by sending him a summary e-mail.
8. Delivery
The Customer will be delivered to the delivery address indicated by him, and is responsible for the accuracy of this information. Any error resulting in a new shipment will be charged to the Customer.
Please note the delivery time: 3 weeks for personalized jewelry and rings; 2 working days for non-personalized jewelry. This is indicated on the Site's product sheets. A delay in delivery is not grounds for reimbursement or compensation. Our jewelry is made to order in our workshops, so delays may occur. However, this does not constitute grounds for order cancellation or any other commercial gesture.
It is the Customer's responsibility to choose the delivery method when validating the order. Delivery charges are added to the price of the Products.
For deliveries outside the European Union, customers are responsible for paying any customs duties and taxes applicable to their purchase Poinçon 22. These customs duties or taxes are the responsibility of the customer. To find out which customs duties or taxes apply, it is the customer's responsibility to contact the relevant authorities in their country. In the event of a dispute with a customer, the French courts shall have sole jurisdiction.
Specific shipping and delivery details, including delivery charges and delivery times, are indicated before the order is confirmed. Please pay careful attention to the information provided, as it will be considered as fully acknowledged by you and accepted at the time of order validation.
The Customer can track the delivery of his package via our tracking page.
Poinçon 22 cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike of postal services and means of transport and/or communications).
Poinçon 22 does not reimburse the customer for delivery costs in the event of loss of the parcel, request for return, or any other exceptional event.
9. Right of withdrawal
Any Customer, considered as a consumer within the meaning of the French Consumer Code, ordering on the Vendor's Site for non-professional purposes, benefits from a thirty-day withdrawal period from the date of delivery of the order to return the product to the Vendor for exchange or reimbursement, without penalty.
The Customer must make his return request by email.
Return shipping costs are at the Customer's expense. The return must be made by Colissimo against signature. Poinçon 22 is not responsible for any problem that may occur during the return of the Product.
The Product must be returned in its original condition and packaging, with all accessories and instructions, new, unworn, unscratched or damaged. The Product must be able to be sold again on the Site as a new Product.
Each returned Product will be subjected by Poinçon 22 to a quality control in order to ensure the conformity of the returned Product. If the returned Product complies with the quality control, Poinçon 22 will proceed with the applicable refund or exchange. Poinçon 22 will only refund the sales price of the Product including VAT. Delivery costs will not be reimbursed by the Site. This must be done within a maximum of thirty days from the date of receipt of the Product by the Seller.
However, the Customer is informed that the right of withdrawal does not apply to Products made to the Customer's specifications, such as personal engravings or other customizations of the Product.
10. Cancellation form
For any return request, the Customer must send his request by email.
11. DISPUTES
In the event of a dispute, the applicable courts are as follows:
Applicable law: The Contract is governed by French law, subject to the mandatory rules applicable in Your country of residence.
Competent courts: In the event of a dispute, in addition to the jurisdiction of Our registered office, You may choose the jurisdiction of the place where Your order was actually delivered.
Mediation: You may have recourse, if You need it, to a mediator whom You can contact at MCP.
11. Personal data
In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, rectify and delete their personal data, as well as the right to object on legitimate grounds to the processing of such data by Poinçon 22, by contacting the company directly at the following e-mail address: contact@poincon22.com.
In accordance with the provisions of law no. 78-17 of January 6, 1978 relating to data processing, data files and individual liberties, the site has been registered with the CNIL (Commission Nationale Informatique et Libertés) under number 2088709.
All personal information you provide will only be used in the context of your commercial relationship with www.poincon22.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed entirely by Stripe.
Cookies" are a block of data used to record information about an Internet user's browsing on a website. Cookies cannot be used to identify an individual.
Poinçon 22 informs Internet users that such "cookies" may be automatically installed on their Internet browsers.
These cookies are installed only after acceptance by the user, and continued browsing of the website constitutes acceptance.
The user may decide to deactivate "cookies" however Poinçon 22 draws the attention of Internet users to the fact that, for technical reasons, the deactivation of "cookies" may restrict Internet users' access to the site.
For Internet Explorer™: Link
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To deactivate Google Analytics, go to the Google Deactivation page and install the browser add-on at: Link
12. Intellectual Property
The name of the trademark Poinçon 22 has been registered at the INPI (trademark number 4358468).
All texts, comments, works, illustrations, works and images reproduced or represented on www.poincon22.com are strictly reserved under copyright and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code.
Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden.
Users undertake to make their best efforts to report Poinçon 22 any infringement of intellectual property rights that they may find.
The designs and drawings Poinçon 22 are the property of the Poinçon 22 brand.
Consequently, any reproduction (product, design, brand) not authorized by Poinçon 22 will be subject to legal and civil proceedings.
13. Complete
The present terms and conditions express the entirety of the obligations of the parties.
No indication or document may give rise to obligations hereunder unless it is the subject of an amendment signed by both parties.
No correspondence prior to the signing of the present contract shall give rise to any obligations under the present contract.
14. Responsibility
The Site's pages contain links to other sites for which we are not responsible for their full compliance with standards of public order and good morals, nor for their policies on the protection of personal data or the use that may be made of such data.
By accessing another site via a hypertext link, you accept that such access is at your own risk. Consequently, the Site's publishing director cannot be held liable for any direct or indirect damage resulting from your access to another site connected by a hypertext link.
The information provided on the site is given for information purposes only. Poinçon 22 cannot be held responsible for it. It may be modified or updated without notice.
Poinçon 22 strives to make the site available 24 hours a day, 7 days a week. Poinçon 22 cannot be held liable for any direct or indirect damage of any kind whatsoever, for any omission or error, or for any inability to access the site.
15- Partial nullity
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other stipulations will retain all their force and scope.
16. Applicable legal clauses
These General Terms and Conditions of Sale are governed by French law. For any difficulty relating to the interpretation, execution and validity of the present GSC, the parties agree, prior to any legal action, that any claim will be subject to prior formal notice by registered letter with acknowledgement of receipt.
Any party may then, after a period of ten days following the sending of the letter referred to in the previous paragraph, initiate any useful procedure.