The purpose of the present general conditions of sale is, on the one hand, to inform any possible consumer on the conditions and modalities in which the seller proceeds to the sale and the delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the seller to the consumer. They apply, without restriction or reservation, to all sales by BRACELETS KERN of products offered on its website.
Consequently, the fact for any person to order a product offered for sale on the website
www.bracelets-kern.com
website implies full acceptance of these general terms of sale, which the Buyer acknowledges having read prior to ordering.
The products are offered for sale on the following geographical territory: Metropolitan France and Corsica.
The Buyer, prior to his order, declares that :
purchase of products on the website
www.bracelets-kern.com
is not directly related to his professional activity and is limited to a strictly personal use.
have full legal capacity, allowing him to commit himself under these general conditions of sale.
STEINBERG INTERNATIONAL reserves the right to modify at any time the present general conditions of sale.
COMPANY IDENTITY
STEINBERG INTERNATIONAL (French operation of BRACELETS KERN)
Limited liability company with a capital of 7.500 €.
Siren : 500 200 225 RCS Paris
Intracommunity VAT number : FR17500200225
LEGAL BASIS FOR THE USE OF YOUR PERSONAL DATA
Headquarters:
9, rue Buffault – 75009 Paris
Phone:
01 42 80 27 36
Showroom : Paris
1 – ACCESS TO THE SITE
The Buyer is personally responsible for setting up the computer and telecommunication means to access the Site
www.bracelets-kern.com
The Buyer shall bear the telecommunication costs of accessing the Internet and using the site.
STEINBERG INTERNATIONAL informs the Buyer that by accessing the www.bracelets-kern.com website, he/she is accessing a secure server that operates according to the SSL data encryption protocol to ensure its security, which guarantees the confidentiality, authentication and integrity of his/her data.
2 – RATES
Prices of products sold online on the website
www.bracelets-kern.com
indicated in euros, are those in force at the time of the recording of the order form by the Purchaser.
They do not include shipping costs, which are charged in addition to the price of the products purchased, depending on the amount of the order. The shipping costs will be indicated before the registration of the order by the Buyer.
Prices include the value added tax (VAT) applicable on the day of the order and any change in the applicable rate will be automatically reflected in the price of products sold by BRACELETS KERN on its website.
Any urgent order will give place to an increase of the selling price all taxes included (TTC) of 10%.
The sale prices of products may be modified by BRACELETS KERN at any time. This change will be reported to the Buyer before any order.
3 – PRODUCT CHARACTERISTICS
In accordance with Article L. 111-1 of the Consumer Code, the Buyer may, prior to his order, take note, on the Site
www.bracelets-kern.com
of the essential characteristics of the product(s) he wishes to order (components, weight, product features)
The Buyer selects one or more products from the different categories offered on the website
www.bracelets-kern.com
.
The offers presented by BRACELETS KERN are valid while stocks last. For products not stocked in its warehouses, the offers presented by BRACELETS KERN are valid subject to availability from its suppliers.
BRACELETS KERN reserves the right to modify the product range, particularly in the light of constraints linked to its suppliers.
In the event that a supplier modifies a product, the graphic representation of the product shall not engage the responsibility of the seller nor affect the validity of the sale.
4 – ORDERING
Any order implies unconditional acceptance of these terms and conditions of sale.
When placing an order, the Buyer is asked to provide BRACELETS KERN with his/her surname, first name, address, delivery address, e-mail address and telephone number.
From the moment the Buyer has registered his order by clicking on the “Validate” icon, he is considered to have accepted with full knowledge of the facts and without reservation the present general conditions of sale, the prices, volumes and quantities of the products offered for sale and ordered.
The Buyer’s order must be confirmed by BRACELETS KERN by e-mail.
The sale will only be considered final after BRACELETS KERN has sent the Purchaser confirmation of the order and has received payment in full.
BRACELETS KERN recommends that the Buyer keep this information on a paper or computer document.
As a member of a selective distribution network, BRACELETS KERN sells the products on its site only at retail and to end consumers. Any order that does not clearly correspond to a retail sale and, more generally, any order that is fraudulent or presumed to be fraudulent will be considered by BRACELETS KERN as null and void.
5.A – PAYMENT
The payment must be made at the time of the order by the Buyer. If the customer wishes, he can be delivered against reimbursement: the sums paid will be considered as deposits, i.e. as sums chargeable on the selling price of a firm and definitive order.
All orders are payable in Euros.
To pay his order, the Buyer has the following payment methods:
1/ bank card
The bank cards accepted on the site are the following: Carte Bleue, Visa, Master Card.
The Buyer undertakes to make the payment with a bank card of which he is the holder.
The SSL data encryption protocol ensures the confidentiality, authentication and integrity of the banking data entered.
BRACELETS KERN reserves the right to request a photocopy of the Buyer’s identity card and/or bank card (front only) for any payment by bank card. For amounts exceeding 400 euros including VAT, BRACELETS KERN reserves the right to request a certified photocopy of an identity document.
2/ bank check made out to STEINBERG INTERNATIONAL
BRACELETS KERN proceeds to the cashing of the cheques upon receipt and reserves a period of 3 weeks to validate the cashing, a banking period certifying that the cheque cannot return unpaid.
3/ bank transfer
4/ payment in 2,3,4,6 or 10 times without fees with Alma
The security of the payments is ensured by Alma and its providers. All payments are protected by 3D Secure. Alma is a telepayment manager and issues an electronic certificate that will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code. Any termination of the T&Cs between the Seller and the customer will result in the termination of the UGCs between Alma and the customer.
For more information or for any question, the Buyer can contact alma’s team here: support@getalma.eu
5/ Secure remote payment link by credit card via Stripe
6/ Online credit notes are credit notes issued exclusively by BRACELETS KERN and can only be used on its website. They are valid for one year from the date of issue and cannot be used in showrooms.
The Buyer guarantees BRACELETS KERN that he/she has the necessary authorizations to use the method of payment he/she has chosen when registering the order form.
BRACELETS KERN reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Buyer, in the event of a payment incident or in the event of proven fraud
The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.
As part of the fight against Internet fraud, information about your order may be transmitted to any third party for verification.
6 – CHOICE OF PRODUCTS
The Buyer, having acquainted himself/herself with the products and their characteristics marketed by BRACELETS KERN, has, under his/her sole responsibility and according to his/her needs as previously determined before placing an order, chosen the product(s) which are the object of his/her order. In addition, the Buyer is the only one who knows the products he owns and uses, and is the sole judge of the compatibility of the products ordered with those he uses.
It is the sole responsibility of the Buyer, if he/she does not consider himself/herself sufficiently competent, to seek the assistance of a counsel.
7 – DELIVERY AND RECEPTION
7.1 – GENERAL RULES
The products will be delivered to the address indicated by the Purchaser on the order form, in Metropolitan France and Corsica.
By default, invoices are sent to the email address indicated by the Customer during registration.
If the procedures set forth below are not followed, no claim by the Buyer will be accepted.
7.2 – CHARACTERISTICS OF DELIVERY BY CHRONOPOST AND DHL
The buyer is delivered to his home by the deliveryman of the company Chronopost or DHL and signs electronically or manually a receipt.
In case of absence, the Buyer or the recipient of the ordered product receives a notice of passage, which allows him to contact the carrier to agree on another day of delivery.
The buyer is required to check the condition of the package and the number of packages delivered in the presence of the delivery person.
In case of doubt, he is obliged to refuse the package and to report these incidents to BRACELETS KERN.
7.3 – DEADLINES
The delivery times, following validation of your order under the conditions of Article 4, are as follows:
Chronopost : 1 to 2 working days
DHL : 1 to 2 working days
For any order confirmed before 1pm, from Monday to Friday (except public holidays), the order will be sent the same day within the limit of available stock.
In any case, and in accordance with the provisions of the article L. 216-1 of the code of the consumption, BRACELETS KERN delivers the good or supplies the service to the date or in the delay indicated to the Buyer. In the absence of any indication or agreement as to the date of delivery or performance, BRACELETS KERN shall deliver the goods without undue delay and no later than thirty days after the conclusion of the contract.
Delivery means the transfer to Buyer of physical possession or control of the goods.
For lack of delivery at the expiration of this period, the Buyer will have, in accordance with the article L. 216-2 of the code of the consumption, the possibility of solving the contract, by registered letter with request for acknowledgement of receipt or by a writing on another durable support, if, after having enjoined, according to the same modalities, BRACELETS KERN to carry out the delivery or to provide the service within a reasonable additional period, this last one did not carry out in this period.
The contract shall be deemed to have been terminated upon receipt by BRACELETS KERN of the letter or writing informing it of such termination, unless BRACELETS KERN has performed in the meantime.
The Buyer can immediately cancel the contract if BRACELETS KERN refuses to deliver the good or if it does not carry out its obligation of delivery of the good at the expiration of the time envisaged in the first paragraph of the article L. 216-1 and that this date or this time constitutes for the Buyer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Buyer before the conclusion of the contract.
The sums paid by the Buyer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery in relation to the date initially set, the Purchaser must notify BRACELETS KERN in writing (letter, fax, e-mail) in order to improve the quality of service that may be offered and to enable BRACELETS KERN to conduct an investigation with the carrier.
An investigation with the carrier can take up to 21 business days. If during this period, the product is found, it will be immediately redirected to the place of delivery designated in the order form
On the other hand, if the product ordered is not found at the end of this period of 21 days of investigation, BRACELETS KERN will proceed at its expense to a new shipment of products ordered by the Purchaser.
In the event that the product ordered is no longer available, the provisions of Article 8 will apply. In case of product exchange, the delivery costs will be charged to the consumer.
7.4 – RETURN OF PRODUCTS FOR NON CONFORMITY OR DISSATISFACTION OF THE BUYER
Products that do not conform to the order or do not give full satisfaction may be returned by the Buyer under the conditions and according to the instructions provided in these GTC.
To this end, the Buyer is the beneficiary of a right of withdrawal, which is exercised in accordance with the legislative provisions in force and Article 8 of these GTC, and a legal guarantee of conformity, which is exercised in accordance with the legislative provisions in force and Article 11.2 of these GTC.
Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
BRACELETS KERN will refund, by the same method of payment as that used by the Buyer, the sums paid by the Buyer, or exchange the returned product, within 14 days of delivery or receipt of said product. If the product is no longer available, either temporarily or due to a production stoppage, BRACELETS KERN may offer a similar product to the Buyer.
Before any exchange or refund, BRACELETS KERN will ensure that the returned product is in perfect conformity with the product that was delivered to the Buyer, without modification, transformation, damage, or intervention of any kind on the part of the Buyer.
7.5 – RETURN TO STORE
The Buyer can go to the BRACELETS KERN showroom in PARIS and return his or her store purchases within 7 days from the date of receipt of the order.
The Buyer must have the Return Form corresponding to his order.
7.6 – RETURN BY MAIL
Apart from the right of withdrawal, BRACELETS KERN accepts the return of any item purchased on
www.bracelets-kern.com
if it is returned within 1 month from the date of receipt of the order by the Buyer. The shipping costs of the return package remain the responsibility of the Buyer. To return an item, Buyer must follow the following instructions:
- Use the original packaging to return the product.
- Fill out and attach the Return Form to be detached from the Delivery Form. Returns without a Return Form are not accepted.
- Send the package to the following address
KERN BRACELETS
To the attention of the After Sales Service
9, rue Buffault 75009 PARIS
BRACELETS KERN does not accept parcels sent postage due.
Any risk related to the return of the product is the responsibility of the Buyer. BRACELETS KERN shall in no case be held responsible for the loss or theft of the product during delivery.
8 – RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the Consumer Code, the Buyer has the right to withdraw, without giving any reason, within fourteen days from the date of receipt of the goods.
In accordance with Article L. 221-23 of the French Consumer Code, the Buyer must return or restitute the goods to BRACELETS KERN or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
Buyer shall bear only the direct costs of returning the goods.
Products must be returned to BRACELETS KERN in perfect condition for resale, in their original state (packaging, accessories, instructions…), duly sealed, and accompanied by the signed return form.
BRACELETS KERN undertakes to reimburse, by the same method of payment as that used by the Buyer, the sums paid by the Buyer, with the exception of the return costs referred to above, within fourteen days of the date on which the Buyer exercised his right of withdrawal, or if the product has already been received by the Buyer, within fourteen days of receipt of the product by BRACELETS KERN.
If the payment was made by check, the refund will only be made by bank transfer, after the Buyer has provided BRACELETS KERN with his bank details in full in writing.
BRACELETS KERN informs the Buyer that, in accordance with article L 221-283e. of the Consumer Code, he does not benefit from such a right of withdrawal in particular for all creations made to measure on order of the Buyer, the personalized, certified, engraved products, put to size or cut, the certified diamonds engraved with a unique identification number, and are thus neither taken back, nor exchanged, nor refunded.
In addition, the extra cost charged for any urgent order will not be subject to exchange or refund. This sum is definitively acquired by BRACELETS KERN because of the implementation of specific means to meet the particular request of the Buyer. Only the price of the product(s) purchased by the Buyer may be exchanged or refunded.
This right of withdrawal will not apply in any case if the products have obviously been used for a long time.
In accordance with Articles L. 221-5 and L. 221-13 of the French Consumer Code, a model withdrawal form is provided to the Buyer on a durable medium, within a reasonable period of time, after the conclusion of the contract and at the latest at the time of delivery of the goods.
The said form is available by following this link
9 – RETENTION OF TITLE
BRACELETS KERN retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.
10 – LIABILITY
BRACELETS KERN shall not be held responsible for the non-performance of the contract in case of stock shortage or unavailability of the product due to a case of force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications.
BRACELETS KERN shall not be held liable for any indirect damages that may arise from the purchase of the products.
BRACELETS KERN cannot be held responsible for any loss of data, files. It is the responsibility of the Buyer to make all necessary backups.
The BRACELETS KERN website also contains information from third parties and links to other websites. Under no circumstances shall BRACELETS KERN be liable for any damages resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites.
11 – WARRANTY
11.1 Commercial warranty
The Buyer benefits from a commercial guarantee whose duration is mentioned on the guarantee card delivered with the ordered product.
This warranty is subject to normal use of the product. Defects resulting from wear and tear, loss, breakage, any accidental circumstance not inherent to the product and the intervention of a third party are excluded from the warranty.
The Buyer shall return the product with the warranty card under the conditions specified in Article 7.5 hereof.
11.2 Legal warranty of conformity
In accordance with L. 217-4 of the French Consumer Code, BRACELETS KERN undertakes to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
The good is considered to be in conformity with the contract:
(1) whether it is fit for the use ordinarily expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. Thus, the Buyer is exempted from proving the existence of the defect of conformity of the good during the twenty-four months following the delivery of the good except for the second-hand goods.
In case of lack of conformity, the Buyer will have to choose between repair and replacement of the good.
However, BRACELETS KERN 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 importance of the defect. BRACELETS KERN is then obliged to proceed, unless this is impossible, according to the method not chosen by the Purchaser.
If repair and replacement of the property is not possible, the Buyer may return the property and have the price returned or keep the property and have a portion of the price returned.
To implement the legal guarantee of non-conformity, the Buyer must contact BRACELETS KERN within two years of delivery of the goods.
11.3 Warranty of hidden defects
The Buyer can decide to implement the guarantee against the hidden defects of the sold thing in the sense of the article 1641 of the Civil code.
Thus, BRACELETS KERN is bound by the warranty for hidden defects of the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them.
In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In accordance with Article 1648 of the Civil Code, this action may be brought within two years of the discovery of the defect.
12 – PARTIAL INVALIDITY
If one or more stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a definitive decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
13 – NON-WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale shall not be interpreted for the future as a waiver of the obligation in question.
14 – APPLICABLE LAW AND JURISDICTION
Sales of BRACELETS KERN products are subject to French law.
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the competent court, namely, that of the defendant’s domicile (Article 42 of the Code of Civil Procedure), that of the actual delivery of the goods or performance of the service (Article 46 of the Code of Civil Procedure), or that of the place where the defendant resided at the time of the conclusion of the contract or the occurrence of the harmful event (Article R. 631-3 of the Code of Consumer Affairs).
15 – “DATA PROCESSING AND LIBERTIES
The information collected by BRACELETS KERN during any order from the Buyer is necessary for the management of his order by BRACELETS KERN and its business partners. In accordance with the law “Informatique et Libertés” n° 78-17 of January 6, 1978, the Buyer has a right of access, rectification, opposition and deletion to the data concerning him/her from BRACELETS KERN.
Through BRACELETS KERN, the Buyer may receive commercial proposals from other organizations or companies, or be informed of offers from BRACELETS KERN. If the Buyer wishes to receive these proposals, he/she may inform BRACELETS KERN by mail or e-mail.
BRACELETS KERN reserves the right to install cookies on the computers of visitors to its website.
A cookie does not allow us to identify you. In general, it records information relating to your computer’s navigation on our site (the pages you consulted, the date and time of the consultation, etc.) that we can read during your subsequent visits. In this case, it contains the information you have just provided. This way, you will not have to fill out the form again the next time you visit us.
We inform you that you can oppose the recording of “cookies” by configuring your browser.
- MEDIATOR
In accordance with Article L.612-1 of the Consumer Code, the Buyer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute with BRACELETS KERN.