TERMS & CONDITIONS
Last updated: 28 March 2019
These terms and conditions aim to set out the means by which Lou Yetu sells gilded or fine gold-plated designer jewellery (the "Product(s)) through the website www.louyetu.fr (the "Website").
BBW is a limited liability company registered in the Paris Trade and Companies Register under the company number 820 171 007, whose registered office is located at 10, rue du mont tabor, (75001) Paris, France; Phone number +33 (0)638322103; Email: [email protected] ("Lou Yetu").
Acceptance of these terms and conditions of sale ("T&C") imply full and unreserved compliance of the Customer with these T&C.
All orders placed on the Website are subject to these T&C. These may be subject to modifications and updates; the conditions applicable to an order for a Product placed by a Customer are those in force on the day the order is placed.
These Terms and Conditions exclusively govern sales made by Lou Yetu of Products offered to buyers acting as consumers (the "Customer(s)") on the Website, and set out the conditions for ordering, payment, delivery and management of any returns of products ordered by the Customers.
The T&C are binding on the Customer who declares that they have read and accepted them by ticking the "I accept the Terms and Conditions of Sale" box, before the implementation of the online ordering procedure.
The Customer of the Website must be a consumer, an adult and a legally capable, natural person. For their first order on the Website, the Customer must open a customer account. The Customer must complete an order form, for each order, including several compulsory fields, so that their order for Products can be processed by Lou Yetu.
The information communicated to Lou Yetu as part of the process of opening their customer account and for each of their orders, must be complete, exact and up-to-date.
Lou Yetu reserves the right not to proceed with an order, if said order has not been placed by a Customer meeting the fixed criteria set out above.
The essential characteristics of the Products are presented on the Website on each product information sheet. If the customer has any questions, they can contact Lou Yetu by telephone on +33 (0)638322103 or by email at: [email protected]
4. ORDER CONDITIONS
To place an order, the following steps must be respected:
- the Customer browses through the Website and adds the Product to their basket, indicating the quantity required;
- the Customer checks the nature of the Products added to the basket;
- to remove an item, the customer must click on "Remove" and to change the number of items, modify the quantity and click on "Update";
- the customer can then finalise their order or choose to continue their shopping;
- To conclude the purchasing contract and finalise the order, the Customer should complete the order form and enter the personal information needed for the order;
- the Customer should choose their delivery method;
- the Customer should choose their payment method;
- it is the Customer's responsibility to check the details of the order, in particular the total price of their order including the cost of the Products, the delivery methods and costs, the VAT, the Product particularly in terms of quantity;
- the Customer should read and accept the T&C;
- The Customer then proceeds to payment.
The prices of the Products are displayed on the Website in euros, including VAT, but excluding customs duty and any other taxes.
Customs duty and any other taxes are payable by the Customer directly to the carrier depending on the country of destination.
It is the Customer's responsibility to check the accuracy of the information that they provide.
Lou Yetu reserves the right to refuse, cancel or terminate orders at any time for legitimate legal reasons.
Lou Yetu also has the right to refuse any order placed by a Customer with whom it has a dispute relating to payment of a previous order, as well as any order that does not comply with these T&C.
In such cases, Lou Yetu will inform the Customer by telephone or by email.
In the event that Products presented on the Website should no longer be available or for sale at the time your order is dispatched, Lou Yetu must inform you promptly, and in every case, within thirty working days from the day following your order, of any unavailability of Products ordered. In the event of payment of the price, Lou Yetu will promptly refund you for all sums paid for the unavailable Products.
In addition, any order that only comprises gift boxes cannot be sent and will be refunded.
The contract is deemed to have been concluded from receipt of the order by Lou Yetu after checking by Lou Yetu of the precision of the information relating to the order.
After confirmation of your order, a notification of receipt will be sent to the Customer by email, containing a summary of the order (basic characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).
The Website offers payment by Bank Card. When the order is finalised, Lou Yetu will confirm payment by sending the Customer a summary email.
The prices displayed on the Website are expressed in euros, including all taxes (French VAT and other taxes applicable on the day of the order). The costs of packaging, processing of the order and carriage are indicated before confirmation of the order.
Lou Yetu may modify the prices of its products at any time and without prior notification, particularly due to changes in the economic, legislative or fiscal framework. Products are invoiced based on the rate in force when the Customer places the order.
Products remain the full and complete property of the company Lou Yetu until the full price of each order has been paid to Lou Yetu.
Payment for purchases is carried out via the secure platform of our partner Crédit Agricole.
For deliveries outside the European Union, the Customer must pay the customs' duty and any other taxes due when products are imported into the country where the delivery address is located. All formalities related to the delivery are also the entire responsibility of the Customer. The Customer is solely responsible for checking the import options for the Products ordered with regard to the laws of the territory of the country of delivery.
The Products will be delivered to the delivery address entered on the order form.
The package will be delivered via the shipping method chosen by the Customer and will be handed over to the recipient after signature of a delivery slip (depending on delivery method).
Products can be delivered throughout the world. No delivery can be made to a hotel address or to PO boxes.
Lou Yetu is committed to shipping all orders placed before noon, on the same day (on working days only). However, during some very busy periods such as Christmas, Lou Yetu reserves the right to extend the shipping time to 72 hours.
What are the delivery times?
From Monday to Friday before 10 am:
Packages leave at 10 am - so orders must be placed the day before, or before 9 am for same-day shipping.
Fridays after 10 am, weekends and public holidays:
Orders are shipped on Monday morning.
After shipping of the order, average delivery times are as follows:
24 to 48 hours by Chronopost;
2 to 5 working days by Colissimo for France;
5 to 10 working days for Colissimo international.
Please note that any change of delivery address made by the Customer following receipt of the order may bring about a lengthening of the delivery time.
Failing Lou Yetu being able to deliver on the date indicated or within the delivery time indicated when the order was placed, the Customer will have the option to cancel the order under the terms set out in article L 216-2 of the French Consumer Code, i.e. by recorded delivery letter with acknowledgement of receipt, after having requested Lou Yetu to carry out the delivery within a reasonable time period, by recorded delivery letter with acknowledgement of receipt, without Lou Yetu having fulfilled said request.
7. RECEIPT OF PRODUCTS
Upon receipt of the Product, the Customer must immediately check the condition of the packaging of the Product delivered, in the presence of the carrier.
If, at the time of delivery, the Packaging is damaged, torn or open, the Customer should then check the condition of the Products that it contains. If the Products have been damaged, the Customer is obliged to refuse the package and note their reason for refusal on the delivery slip: damage, item missing, damaged package, item broken, etc. This check is deemed to have been carried out by the Customer, or a person authorised by them, when the delivery slip has been signed.
The Customer must then confirm their reservations to the carrier by recorded delivery letter within a maximum of three days, not including public holidays, following receipt of the Products and provide Lou Yetu with a copy of the letter.
Failure to respect said time period does not affect the recourse that the Customer may have against Lou Yetu in getting an exchange or a refund of the Products in the event of damage or anomaly to the Product at the time of its delivery. In addition, the Customer still benefits from their right to withdrawal under the terms of article 9 above.
Any requests in relation to commercial and legal guarantees should be addressed to:
Lou Yetu, Service Client, 10, rue du Mont Tabor, Paris (75001), France – Telephone +33 (0)638322103 (cost of a local call in mainland France, standard rate from a landline, may vary depending on operator) – email: [email protected]
8.1 Commercial guarantee
In addition to the legal guarantees set out in 8.2 by which we are bound, we also offer a commercial guarantee that covers the repair of jewellery (replacement of clasps, broken chains, gilding work, soldering and stones that need to be reset).
The Customer can request the application of this guarantee by post (by returning the Product to us) or by coming directly to the boutique with the Product and proof of purchase.
This guarantee is free. We will refund the shipping costs to you.
The guarantee runs for one (1) year from the date of delivery of the Product.
This commercial guarantee does not apply to:
- non-compliant or incorrect use;
- damage due to incorrect handling, abusive or abnormal use, intentional or accidental physical modification, use for business or commercial purposes;
- in the event of abnormal maintenance procedures or in the event of faults in maintenance and hygiene;
- in the event of natural wear;
- interventions carried out on the piece of jewellery by any person not approved by the Customer Service as well as damage due to such an intervention.
Article L 217-16 of the French Consumer Code: When the buyer requests the seller, during the period of the commercial guarantee that was granted to them at the time of purchase or repair of an item of personal property, a refurbishment covered by the guarantee, any period of immobilisation of at least 7 days shall be added to the remaining guarantee period. This period shall run from the date of the intervention request by the buyer or the provision of the item in question for repair, if said provision is later than the request for intervention.
8.2. Legal guarantees
Unless they are a legal entity or a natural person acting for purposes in the context of their commercial, industrial, artisanal or professional activity, the Customer benefits in any case from the legal guarantees on the basis of which they may act. Thus, Lou Yetu is bound with regard to lack of compliance and hidden defects by the conditions set out in articles L 217-4 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code respectively.
Article L 217-4 of the French Consumer Code: The seller is bound to deliver a good which complies with the contract and is liable for any lack of compliance existing upon delivery. They are also liable with regard to lack of compliance resulting from the packaging, assembly or installation instructions when the latter has been made their responsibility by the contract or has been carried out under their responsibility.
Article L 217-5 of the French Consumer Code: in order to comply with the contract, the good must: 1) Be fit for the purpose habitually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or a model – present the qualities that a buyer can legitimately expect with regard to public declarations made by the seller, by the producer or by their representative, notably in the publicity or the labelling; 2) Or present the characteristics defined by a common agreement between the parties or be fit for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L 217-7 of the French Consumer Code: Failures in compliance which appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proved otherwise. For the sale of second-hand goods, this period is set at six months. The seller may dispute this presumption if the latter is not compatible with the nature of the good or the failure in compliance in question.
Article L 217-9 of the French Consumer Code: In the event of a failure of compliance, the buyer shall choose between repair or replacement of the good. In any case, the seller cannot proceed with the buyer's choice if this choice generates costs which are manifestly disproportionate when compared to the other choice, bearing in mind the value of the good or the seriousness of the defect. They are then bound to proceed, barring impossibility, with the option not chosen by the buyer.
Article L 217-10 of the French Consumer Code: If repair and replacement of the good are impossible, the buyer can return the good and obtain a refund of the price or keep the good and receive a partial refund. The same option is open to them: 1) If the solution requested, offered or agreed under article L. 217-9 cannot be implemented within one month from the buyer's claim; 2) Or if this solution cannot be provided without major inconvenience for the latter, bearing in mind the nature of the good and the use they are seeking. In any case, cancellation of the sale cannot be pronounced if the failure of compliance is minor.
Article L 217-11 of the French Consumer Code: Application of the provisions of articles L. 217-9 and L. 217-10 operates without cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L 217-12 of the French Consumer Code: Action resulting from the failure of compliance is limited to two years after delivery of the good.
Article L 217-16 of the French Consumer Code: When the buyer requests the seller, during the period of the commercial guarantee that was granted to them at the time of purchase or repair of an item of personal property, a refurbishment covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining guarantee period. This period shall run from the date of the intervention request by the buyer or the provision of the item in question for repair, if said provision is later than the request for intervention.
Article 1641 of the French Civil Code The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had they known of the defect.
Article 1644 of the French Civil Code: In the case of articles 1641 and 1643, the buyer has the choice to return the item and obtain a refund of the price, or to keep the item and obtain a partial refund.
Article 1648, para. 1, of the French Civil Code: Action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect.
In the case of legal guarantee, the Customer:
- has a period of 2 years from delivery of the good to take action;
- can choose between repair or replacement of the good, subject to conditions of cost set out in article L 217-9 of the French Consumer Code;
- is exempt from having to provide proof of the existence of the product compliance defect if the defect appears within 24 months of the product being supplied.
The legal guarantee of compliance is applied independently to the commercial guarantee granted by Lou Yetu.
In the case of legal guarantee against hidden defects, the Customer can choose between cancellation of the sale or reduction of the sale price in accordance with article 1644 of the French Civil Code
9. CUSTOMER'S RIGHT TO WITHDRAWAL
In accordance with articles L 221-18 et seq. of the French Consumer Code, the Customer can choose to cancel their order without having to provide any reason. They have the right to withdrawal in order to do this. They (or a third party designated by them) can exercise this right within a period of 14 days from receipt of the Product.
Before expiry of this 14-day period, the Customer must inform Lou Yetu of their decision to withdraw, either by sending a withdrawal form as displayed at the bottom of the T&C and which can be cut out, or as provided in the parcel and duly completed, or by sending an email clearly and without ambiguity explaining this decision and entering the order number, to: [email protected]
The customer must return the Product, at their own expense (unless the product does not comply or presents a manufacturing defect), to Lou Yetu, to the address shown on the withdrawal form at the latest within 14 days following communication of their decision to withdraw.
Lou Yetu strongly advises its Customers to return the products by Colissimo or Lettre Max. The Customer also has the option to select the carrier of their choice. As a consequence, it is recommended to obtain proof of this return, which supposes that the Products are returned by tracked parcel, or by any other means providing a definite date.
Lou Yetu must refund the Customer, including shipping costs, at the latest within 14 days from the date when Lou Yetu has effectively collected the Product or the date on which the Customer provided them with proof of shipping of the Product.
The refund will be made by bank transfer to the card used to pay for the original order.
It is not possible to replace or exchange returned products. A new online order must be placed.
In the case of personalised products: Article L 121-20-2 of the French Consumer Code sets out that the right to withdrawal cannot be exercised in the case of contracts for the supply of goods produced according to the consumer's specifications, or that are clearly personalised. However, we are committed to refunding the cost of products that are clearly personalised if they do not correspond to your order (defective or non-compliant).
10. EFFECT OF THE CONTRACT
The contract produces all its effects from its conclusion and cannot be unilaterally cancelled by one or other of the parties, barring exercise by the Customer of their right to withdrawal under the conditions set out in articles L 221-18 et seq. of the French Consumer Code.
11. INTELLECTUAL PROPERTY
The customer acknowledges that the Products of Lou Yetu and the distinctive signs (images, photographs and composition of the photographs, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of Lou Yetu notably in accordance with intellectual property rights, for the entire duration of protection of these rights and throughout the world.
Certain Products have been subject to registration as designs and models and are automatically protected by copyright.
The Customer is forbidden to reproduce or use Product models, packaging, photographs, compositions of photographs, concepts, product names, texts, illustrations, distinctive marks and signs, trade secrets, techniques and expertise used by Lou Yetu, as well as any acts that may lead to appropriation of these elements, whether or not they have been subject to protection by Lou Yetu by a brand, a design and model or by copyright.
Consequently, any reproduction not authorised by Lou Yetu will be subject to legal proceedings as an act of counterfeiting.
12. TRAITEMENT DES DONNEES PERSONNELLES
13. SETTLEMENT OF DISPUTES
In the event of dispute, the Customer must first contact Lou Yetu's Customer Service by calling +33 (0)638322103 or by email to: [email protected] In the absence of a solution within the 21 days following their request, the Customer can apply to the direct sales arbitration commission: Commission Paritaire de Médiation de la Vente Directe, 100 avenue du Président Kennedy, 75016 Paris, France, Tel: +33 (0)1 42 15 30 00, Email: [email protected], website http://mediation-vente-directe.fr/ which will seek an amicable settlement, free of charge. This commission has exclusive jurisdiction in the handling of differences arising between Lou Yetu and the Customer, in the context of a mediation process.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The T&C are subject to French law.
In accordance with consumer law, in the event of failure to find an amicable settlement, any disputes to which the T&C may give rise, in relation to their validity, interpretation, execution, cancellation, their consequences and their results will be submitted to a court of competent jurisdiction in accordance with the rules of competency of common law.
Withdrawal form (to cut out)
(Please complete and return this form only if you wish to exercise your right of withdrawal in relation to your order)
For the attention of LÕU.YETU – chez LOGTEX – 2 rue William et Catherine Booth – 10 000 Troyes, France
I hereby notify you of my withdrawal from the contract relating to the sale of the following Product: ........................................................
Ordered on(*) received on (*) ...............................................................
Customer's signature (only in the event of notification of this form on paper):
Date : …………………………………………………………………………………………………………………………………………………………………