Preamble
We are very happy to welcome you to our Mouchkine-jewelry.com website.
Please read carefully the present General Conditions of Use and General Conditions of Sale of the Mouchkine-jewelry.com website.
The purchase of products offered on Mouchkine-jewelry.com is subject to these general conditions of sale. Orders placed on the Mouchkine-jewelry.com website are reserved for individuals for their personal needs. The resale of Mouchkine Jewelry products purchased on Mouchkine-jewelry.com as part of a professional activity is formally prohibited.
Mouchkine Jewelry may update these General Conditions of Sale at any time.
You can consult them in the "General Conditions of Sale" section or "INFORMATION: Terms of sale".
Each time you place an order on the Mouchkine-jewelry.com website, you will be asked to confirm your acceptance of these General Conditions of Sale in force on the date of your order.
Ordering process – Purchases
The Mouchkine-jewelry.com website allows you to order a selection of Mouchkine Jewelry brand products immediately online via the Internet from France and abroad. Mouchkine Jewelry products ordered on the Mouchkine-jewelry.com website can be delivered worldwide.
For each product selected on the Mouchkine-jewelry.com website, a summary page will automatically appear, showing a photo of the item, its name, the chosen quantity, its unit price, and the total price of your order. You must carefully check the accuracy of your selection before confirming your order. Once confirmed, your order will be sent to Mouchkine Jewelry for processing (see "Order Validation").
While every effort is made to ensure that the color and pattern of Mouchkine Jewelry products whose photos are displayed on the Mouchkine-jewelry.com website are faithful to the original products, variations may nevertheless occur, particularly due to technical limitations in color rendering on your computer equipment, but also because each product is handmade and therefore unique. Therefore, Mouchkine Jewelry cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of Mouchkine Jewelry products appearing on the Mouchkine-jewelry.com website. If you have any questions about the products, you can naturally contact our Customer Service by contacting us: either by email at the following address: contact@mouchkine-jewelry.com, or by phone at: 06 88 50 40 11
Mouchkine Jewelry reserves the right to cancel any order from a customer with whom it is in dispute over a previous order, or if Mouchkine Jewelry reasonably believes that this customer has violated these General Conditions or has engaged in fraudulent activity, or for any other legitimate reason.
Availability – Purchases
Our product offers and prices are valid as long as they are visible on the site, within the limits of available stock. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders for the same product by several customers. In the event of product unavailability after placing your order, we will inform you by e-mail or telephone as soon as possible, offering you either to order another item presented on the Mouchkine-jewelry.com site as a replacement, or to cancel your order. If you choose to cancel your order, you will be reimbursed at the latest within 30 days of payment if your bank account has been debited.
Mouchkine Jewelry incurs no liability in the event of stock shortage or product unavailability. Mouchkine Jewelry reserves the right to change the items offered on the Mouchkine-jewelry.com website at any time and without prior notice.
Order Validation – Purchases
At the end of the ordering process, once validated, your order is transmitted to Mouchkine Jewelry for processing. It can no longer be modified or cancelled except under the conditions expressly provided for in these General Conditions of Sale or under the conditions required by current law. Any order placed for a product appearing in the online store of the Mouchkine-jewelry.com website implies prior consultation and acceptance of these general conditions of sale. Clicking to validate the order implies full acceptance of these terms. A summary of your order will be sent to you by email.
The data recorded by the Mouchkine-jewelry.com website constitutes proof of all transactions between Mouchkine Jewelry and its customers. In case of conflict between Mouchkine Jewelry and one of its customers regarding a transaction carried out on the website, the data recorded by Mouchkine Jewelry is considered irrefutable proof of the content of the transaction.
Price Payment – Purchases
All product prices are indicated in euros, all taxes included, excluding participation in shipping costs (see shipping and delivery paragraph). All customs fees related to your shipment are entirely at your expense.
Mouchkine-jewelry.com reserves the right to modify its prices at any time without notice. Products will be invoiced on the basis of the rates in force at the time the orders are registered. Products remain the property of Mouchkine-jewelry.com until full payment of the price by the seller. The price is payable in full and in a single installment. The seller reserves the right to modify its prices at any time and without prior notice.
Any order placed on the Mouchkine-jewelry.com website must be paid immediately after your order validation. We only accept payments by debit card or credit card. All orders are payable in euros. Your order will only be shipped after verification of your payment method and receipt of authorization to debit your card.
Payment and security
Purchases are paid for by bank card.
For the security of your payments, Mouchkine Jewelry uses "PayPal" or "Stripe", autonomous bank card payment solutions. With this system, card payment is made directly on a secure server on behalf of Mouchkine Jewelry. The card number will never be communicated to Mouchkine Jewelry. Exchanges are encrypted and secure.
Fight against fraud
The Mouchkine-jewelry.com website reserves the right to verify the validity of the payment, before shipping the order, by any means the seller deems necessary (including requesting identification documents, proof of address, etc.).
Mouchkine-jewelry.com also reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. In case of fraud or suspicion of fraud, the seller reserves the right to remove any member without any notice or compensation.
Retention of Title – Purchases
The ordered products remain the property of Mouchkine Jewelry until full payment of the price by Mouchkine Jewelry. In case of payment default, you undertake to return the received products to Mouchkine Jewelry upon first request.
On the other hand, you assume the risks (including loss, theft or damage) concerning the delivered products as of the effective date of delivery.
Delivery Area - Shipping and Deliveries
Mouchkine-jewelry.com ships orders from Monday to Friday. As each product is handmade, a small manufacturing delay may be anticipated, but we will do our best to ensure this delay does not exceed 5 days. Sales and promotion periods may cause a slight additional delay. Orders placed on a Saturday, Sunday, or public holiday will be processed on the next business day.
Mouchkine Jewelry products ordered on the Mouchkine-jewelry.com website can be delivered worldwide (with exceptions). For reasons, particularly security, Mouchkine-jewelry.com will not process any order for which a post office box or a Cedex address is provided. Products are shipped to the delivery address you indicated during the ordering process. The Mouchkine-jewelry.com website is in no way responsible for the possible loss of your package by the carrier.
Shipping and Deliveries - Shipping Costs
Deliveries are handled by French postal services, UPS or any other reliable carriers – A tracking number is assigned to each package and we can provide it to you upon request. Delivery is free in Metropolitan France for any order equal to or greater than 150 euros.
Shipping and Deliveries - Delivery Time
Since each product is handmade, a small manufacturing delay may be anticipated, but we will do our best to ensure that this delay does not exceed 5 days.
The average delivery time for an in-stock product in France is 48 to 72 hours, but it may take longer depending on postal service delays.
Delivery time for Europe ranges from 72 hours to 5 days.
Delivery time for the rest of the world is on average 5 to 10 days.
Delivery is made in a single shipment; products unavailable at the time of your order, as indicated in the order receipt email, will not be charged or delivered to you. If one of your items is out of stock, an email will be sent to you and a refund process will be initiated. Mouchkine cannot be held responsible in case of a carrier strike.
Shipping and Deliveries – Customs Fees
Any order placed on the site for which the delivery country (or region) is outside mainland France may be subject to customs duties. These customs duties are imposed by the regulations in force in the country. These taxes are the responsibility of the customer and are their responsibility. Mouchkine-jewelry.com is not obliged to check and inform its customers of applicable customs duties and taxes. The customer must inquire with the competent authorities of their country before placing their order.
Shipping and Deliveries - Delivery Problems
Any defect or delay in delivery must be reported to our Customer Service as soon as possible. Any claim made more than thirty (30) calendar days after the validation date of your order cannot be taken into account.
You must check the conformity of the goods at the time of delivery and indicate, if possible on the delivery note, any anomalies observed (open package, damaged product, etc.) in the form of handwritten reservations accompanied by your signature.
You must then contact Customer Service by email: mouchkine.jewelry@gmail.com or by phone (06.88.50.40.11).
In case of non-conformity of the purchased products or if they do not satisfy you, you can return them or request an exchange or refund under the conditions provided in the "Returns - Exchanges - Refunds" section.
Returns - Exchanges – Refunds
Right of withdrawal
The customer has a period of 7 (seven) working days from the delivery of their order to return, at their own expense, for exchange or refund, products that do not suit them, in accordance with article L 121–16 of the Consumer Code. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day. The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any damage, however slight, and must be in perfect cleanliness. This right of withdrawal is exercised without penalty, with the exception of return costs, which are the responsibility of the buyer. Within a maximum of 30 days from receipt of the product, the customer will be reimbursed for the amounts paid. For this purpose, they will communicate their bank details to Mouchkine Jewelry.
Return address:
Mouchkine Jewelry
Anne-Christine NADAL
41 rue du Général de Gaulle
31600 Seysses France
Claims:
Claims for non-conformity of the delivered product(s) with the order must be made in writing directly to Mouchkine Jewelry within three (3) days following the delivery of the products. The customer must keep the packaging and the delivery note. In case of an error in the product, the customer undertakes to return the said product or products concerned within 7 days of their receipt to Mouchkine Jewelry, provided that they are returned unworn and in their original condition and packaging with accompanying documents. Upon receipt of the product in due form, Mouchkine Jewelry will send, at its expense, the initially ordered product.
If your order benefited from a discount, an equivalent percentage will be deducted from the price of the product to be refunded.
Under no circumstances will it be possible to issue an electronic credit note usable on the Mouchkine-jewelry.com website. We do not offer refunds, even partial, if the product in question was received as a gift from us (contest, etc.).
The eventual return of your order is at your expense.
If you have any questions, please feel free to write to us at mouchkine.jewelry@gmail.com
In case of exchange:
- If the amount of the product(s) chosen as a replacement has a higher value than the amount of the returned product(s), you will have to pay the price difference in accordance with these General Conditions of Sale.
If at the time of receipt of the returned package, the item requested for exchange is no longer available in stock, the customer will not be able to claim it. Mouchkine-jewelry.com will then offer the customer another item or a refund.
Mouchkine Jewelry is the arbiter in deciding whether products are in their original condition when returned to Mouchkine-jewelry.com.
Mouchkine Jewelry will not be responsible for any loss, incorrect address, or delay in delivery of a product you wish to return to the Mouchkine-jewelry.com website, as the risks of the transportation you choose and initiate rest solely with you.
We do not offer the possibility to request an exchange or refund for products purchased in a store through the Mouchkine-jewelry.com website.
For hygiene reasons, earrings cannot be returned or exchanged (unless the item has a defect).
Warranty – Repair
Our handmade creations include ceramic, porcelain, and glass components, and are therefore particularly delicate. Jewelry must be handled and worn with great care and precaution. Mouchkine Jewelry cannot guarantee against breakage of the elements comprising its jewelry. Mouchkine Jewelry only guarantees against manufacturing defects for a period of 12 months. If you wish to have your product repaired, we suggest you send us an email at mouchkine.jewelry@gmail.com with photos so that we can determine to what extent we can proceed with the renovation/repair of your product. The cost of repair and return shipping will be communicated to you by email. Please note, however, that loss of plating or enamel, natural oxidation of the chain or jewelry, or any stains or wear on the felt, due to the use of the jewelry, is not covered by our warranty.
No repair will be carried out before acceptance and payment of the quote.
The shipping costs for products to be repaired are at your expense; the return shipping costs to your address will be covered by Mouchkine Jewelry.
Please send your repairs to the following address:
Mouchkine Jewelry
After-sales service AC NADAL
41 rue du général de Gaulle
31 600 Seysses, FRANCE
It is important to include with this shipment the address to which the product should be returned, along with an email address and a telephone number.
Legal guarantee
Products sold on the Mouchkine-jewelry.com website are subject to the legal warranty conditions provided for by articles L 211-4, L 211-5, and L 211-12 of the Consumer Code, as well as by articles 1641 and 1648 of the Civil Code:
Article 1641 Civil Code
The seller is bound by a warranty against hidden defects in the item sold that render it unfit for its intended use, or that diminish this use to such an extent that the buyer would not have acquired it, or would have given a lower price for it, had they known about them.
Article 1648 of the Civil Code
The action resulting from redhibitory vices must be brought by the buyer within two years from the discovery of the vice.
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.
Article L211-4 of the Consumer Code
The seller is obliged to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been charged to them by the contract or has been carried out under their responsibility.
Article L211-5 of the Consumer Code
To conform to the contract, the goods must:
1° Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;
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 which the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from lack of conformity is time-barred after two years from the delivery of the goods.
Limitation of liability
Under no circumstances can Mouchkine Jewelry be held responsible to you or a third party for any indirect, incidental, special or accessory damage, including, without limitation, loss of business, loss of profit or opportunity resulting from the purchase of Mouchkine Jewelry products on the Mouchkine-jewelry.com website.
The images and photos on the site are not contractual; they illustrate and give an idea of the rendering of the jewelry or product presented. Variations or slight differences may therefore be observed. The photos or images in no way reflect the precise size or final rendering of the product presented because our creations are handmade and therefore unique. Mouchkine Jewelry cannot therefore be held responsible if you are not satisfied with your purchase in comparison to the photo on the site.
General Conditions of Use of the Mouchkine-jewelry.com website
The use of the Mouchkine-jewelry.com website and the purchase of products offered on this site are subject to these general conditions.
When you use this site, you are bound by these General Conditions of Use, which you are required to respect.
The use of the Mouchkine-jewelry.com website also constitutes agreement to the Mouchkine-jewelry.com website's privacy policy.
Mouchkine Jewelry may update these General Conditions of Use and Privacy Policy at any time. By continuing to use the Mouchkine-jewelry.com website after any modifications, you agree to comply with the General Conditions of Use and to acknowledge the Privacy Policy. You can consult the current version of the General Conditions of Use or the Privacy Policy at any time on the Mouchkine-jewelry.com website.
Security and confidentiality
The personal information requested from the customer is essential for processing and shipping orders and establishing invoices. For these purposes, this information may be communicated to Mouchkine Jewelry's contractual partners. The customer can object to such communication and, in accordance with the "Informatique et libertés" law (law of January 6, 1978), they have a right to access, modify, rectify and delete data concerning them by sending an e-mail to the address: mouchkine.jewelry@gmail.com
The Mouchkine-jewelry.com website is not intended for minors.
Electronic signature: The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Intellectual property
Mouchkine Jewelry holds the intellectual property rights to the mouchkine-jewelry.com site and the right to disseminate the elements appearing in the electronic store catalog, including photographs for which Mouchkine Jewelry has obtained the necessary authorizations from the concerned persons, or of which Mouchkine Jewelry is the author. Consequently, any total or partial reproduction of the mouchkine-jewelry.com Site is strictly prohibited, as are all the elements contained on the Site. Any reproduction or use of elements of the mouchkine-jewelry.com Site would constitute a violation of intellectual and industrial property regulations. Mouchkine Jewelry reserves the right to take legal action against individuals who infringe its rights and these general conditions.
Limitation of liability
Mouchkine Jewelry shall in no event be liable to you or any third party for any indirect, incidental, special, or consequential damages - which include, without limitation, any loss of profit or other indirect loss - resulting from your use of the mouchkine-jewelry.com website or your inability to use it, even if Mouchkine Jewelry has been advised of the possibility of such damages.
The images and photos on the Mouchkine Jewelry website are not contractual. They are provided as illustrative examples, and as with all artisanal, handmade products, small differences or imperfections may be observed between the photos on the site and the physical products. The colors of product photos may vary compared to the physical products; Mouchkine Jewelry cannot be held responsible for this, as colors also vary depending on individual screen calibration. Please also read the product description to supplement the illustrative photo. For example, it is clearly specified that cushion covers are sold without fillings, hangings without rods, luxury finishes are on 3 sides, etc. The illustrative photos of jewelry and other products do not always reflect the actual size of the pieces; the size is clearly stated in the product description.
No warranty
Mouchkine Jewelry cannot guarantee or affirm:
- that the mouchkine-jewelry.com website is free of viruses, data-crushing programs, Trojans or other destructive material;
- that the information contained on the mouchkine-jewelry.com website is accurate, complete or up-to-date.
The mouchkine-jewelry.com website may contain technical inaccuracies or other defects, Mouchkine Jewelry does not guarantee the correction of these defects. The mouchkine-jewelry.com website and its content are presented "as is" and "as available". Mouchkine Jewelry expressly excludes any warranty of any kind, express or implied, including, but not limited to, all implied warranties of conformity or suitability of the mouchkine-jewelry.com website or its content for a usual or specific use, their quality or the absence of contravention of any provision.
Warning
Mouchkine Jewelry undertakes to ensure the operation of the Site to allow optimal use under the conditions defined in these general conditions. The User declares to be informed of the unreliability of the Internet network, particularly: - On the security in data transmission, - On the obligation to protect their equipment or computer network with a regularly updated antivirus, - On the unguaranteed performance in terms of volume and speed of data transmission, - On the fact that continuous access to the service is not guaranteed. The service may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the site. Mouchkine Jewelry cannot be held responsible in case of site malfunction due to maintenance, technical problems, inability to access the site, and hosting server failures.
Links
The Site contains hypertext links to partners. In the event that the user consults partner sites, Mouchkine Jewelry disclaims all responsibility for the access, content, and use of the sites, and any damage that may result therefrom.