1. PREAMBLE
1.1
GEODE, a SAS with its registered office at 41 rue Marius Poncet, 69 290, Saint-Genis-les-Ollières, registered in the Lyon Trade and Companies Register under number 804 222 172, has developed and publishes the CŒUR DE GEM application offering customisable jewellery products for sale.
1.2
The application is available for iOS and Android devices.
2. DEFINITIONS
2.1
In the General Terms and Conditions, the terms and expressions identified by a capital letter, whether they are used in the singular or plural, have the meaning indicated either when they are first used or in the definition below.
Application: designates the Coeur de Gem application published by GEODE, via which (i) GEODE offers the Products for sale, and (ii) the User can personalise the Products.
Customer: refers to any User who has reached the age of majority, or who has the legal capacity to enter into a contract, at the time of placing the Order, who has an Account and places an Order.
Order: refers to the process by which the Customer purchases a Product on the Application, as described in article 7 of the General Terms and Conditions.
Personal Account or Geode Connect: refers to the account containing all the data entered by the User when registering and using the Application, including in particular his/her Identifiers, which must be registered in order to place an Order. The Personal Account may be shared by different applications published by GEODE.
General Terms and Conditions: refers to all the articles making up these general terms and conditions of sale and use, including the preamble.
Contract: refers to the contract for the sale of one or more Products concluded between GEODE and the Customer. The Contract consists of (i) the General Terms and Conditions and (ii) the Order Summary.
Intellectual Property Elements: refers to the constituent elements of the Application, including tools, information, data, text, software, music, sound, photographs, images, videos, messages, databases, graphic interfaces, as well as trademarks, logos and domain names owned by GEODE.
Customisable Elements: refers to all the elements (in particular: precious stones and metals) that can be incorporated into the Product as a result of choices made by the Customer on the Application.
GEODE: refers to the company whose contact details appear in the preamble to the General Terms and Conditions, publisher of the Application and seller of the Products.
Identifiers: refers to the information about the User required to open a Personal Account and enabling the User to log in and place an Order.
Party(ies): means the Customer and GEODE, independently (in the singular) or together (in the plural).
Product: refers to the products offered for sale on the Application, including Customisable Elements. The essential characteristics of the Products (name, composition, quantity, description, price) are indicated on the Application. Reproductions of the Products (by image, graphics or video) on the Application are provided for illustrative purposes only.
Order Summary: refers to the document presented in electronic form at the time of the Order and summarising the contractual information resulting from the information and choices made by the Customer in relation to the sale of the Product on the Application. This document is accepted by the Customer when the Order is placed.
User: refers to any natural person using the Application.
3. PURPOSE AND ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
3.1
The purpose of these General Terms and Conditions is to define the terms and conditions under which (i) Users may use the Application, (ii) GEODE offers Products for sale to the Customer and (iii) the Customer purchases one or more Products.
3.2
Use of the Application and the purchase of a Product are subject to unreserved acceptance of the General Terms and Conditions.
3.3
The General Terms and Conditions are accepted by the User when purchasing a piece of jewellery by ticking the box next to the following statement: "I acknowledge that I have read and accept the general terms and conditions of sale and use of the Coeur de Gem application", thereby expressing their consent.
3.4
GEODE is free to modify the General Terms and Conditions at any time, in particular in order to take account of any legal, case law, editorial and/or technical developments. The User will be informed of any changes to the General Terms and Conditions by any means, such as e-mail or notification on the Application.
3.5
The current General Terms and Conditions are available on the Application.
3.6
The User is invited to print or download the General Terms and Conditions and to keep them on a durable medium for documentation purposes, future reference and identical reproduction.
4. ENTRY INTO FORCE - DURATION
4.1
The Application is made available to the User by GEODE for an indefinite period. The period of validity of a Personal Account is indefinite. However, after 2 years from the date of the last access to the Application from the Personal Account by the User who holds it, GEODE may automatically terminate access to the Personal Account without prior notice or compensation.
4.2
The General Terms and Conditions shall apply to the Customer as soon as an Order has been validated and until the guarantees provided for in the General Terms and Conditions have expired.
5. PRICE
5.1
The prices of the Products are displayed on the Application in euros and include all value added taxes applicable and in force in France.
5.2
Prices are subject to change at any time by GEODE.
5.3
The prices applied to the Customer are those indicated in the Order Summary when the Order is validated.
5.4
Prices do not include delivery charges. If delivery charges are indicated on the Application when the Order is placed, these shall take into account the Customer's address and the delivery method chosen by the Customer. Where applicable, the delivery charges applicable to the Order shall be those indicated in the Order Summary.
5.5
Prices do not include any customs duties, import taxes or bank charges and exchange fees, which are entirely the responsibility of the Customer when the Customer is located outside France. It is the Customer's responsibility to find out about any costs associated with importing and paying for the Products.
6. PERSONAL USER ACCOUNT AND USE OF THE APPLICATION
6.1
The purchase of a Product requires the creation of a Personal Account.
6.2
When creating his Personal Account, the User undertakes not to provide any misleading information about his identity or information that would constitute usurpation of the identity or image of a third party. The User undertakes to update immediately, in the event of a change, the data he or she provided when registering.
6.3
In the event that the User provides information that is misleading or likely to mislead as to his/her identity, GEODE may immediately, without notice or compensation, suspend or terminate the User's Personal Account.
6.4
Users may only use the Application if they have an Internet connection from their equipment. The cost of connecting the User to the Internet is the sole responsibility of the User. It is the User's responsibility to check with their operator for the amount of these charges.
6.5
Throughout the period of use of the Application, the User agrees to download and install updates to the Application. Should the User fail to install the latest available update of the Application, the latter may be inaccessible in whole or in part.
6.6
GEODE will endeavour to make the Application accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond GEODE's control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malice or any damage to GEODE's hardware or software.
6.7
Access to the Application may be limited, or even impossible, depending on the location from which the User uses the Application, for which GEODE cannot be held responsible.
6.8
GEODE may under no circumstances be held liable for any interruption of the Application, whatever the cause, duration or frequency.
6.9
The User acknowledges that the speed at which information is transmitted does not depend on GEODE, but on the inherent characteristics of electronic communications networks and the technical characteristics of the User's connection method (3G, 4G, etc.).
6.10
GEODE may not be held liable for any use made of the Application by Users or for any damage that may result therefrom for the User or for third parties.
7. ORDER
7.1 Product customisation
7.1.1
The characteristics of the Product, including the Customisable Elements (in particular: visual, composition, etc.) are indicated on the Application.
7.1.2
The Customer is free to choose the Customisable Elements that suit them, taking into account the restrictions and suggestions indicated on the Application, and cannot hold GEODE responsible for the choices, particularly aesthetic choices, resulting from this customisation.
7.2 Product availability
7.2.1
Certain Products may be unavailable and cannot be ordered. GEODE will inform the Customer of this by any means, including a notice on the Application.
7.2.2
Any Order, even if accepted by GEODE, is made subject to the availability of the Product or all or part of its components.
7.2.3
In the event that a Product is unavailable after the Order has been placed, GEODE will inform the Customer by any means necessary. The Order will be automatically cancelled and no bank debit will be made. In the event that a debit has already been made, GEODE will refund the amount paid by the Customer corresponding to the said Order.
7.3 Placing the Order
7.3.1
Customers can place an Order by adding the Product to their basket.
7.3.2
In order to place an Order, the Customer must enter, on the relevant page of the Application, (i) the information required for identification and delivery of the Product, (ii) the information required for payment and (iii) validate the Order.
7.3.3
The Customer is responsible for all the information provided when placing an Order and undertakes to provide only information that is complete and accurate.
7.4 Validation of the Order by the Customer
The details of the Order (Product, delivery method and costs, price) are summarised in the Order Summary, and the Customer is invited to check the information contained therein, as this information is binding on the Customer. The Customer must then confirm their acceptance of the General Terms and Conditions and fill in the necessary payment details before validating their Order. The Customer's acceptance is formalised by their "click", validating their Order and making the amount indicated on the Order Summary payable.
7.5 Payment
7.5.1
The price payable by the Customer is that indicated on the Order Summary. Validation of the Order implies the Customer's obligation to pay the price indicated.
7.5.2
The following payment methods are accepted: credit card, Paypal and Apple Pay.
7.5.3
The Customer shall be debited as soon as the Order has been validated by the Customer. Payment made in this way is irrevocable.
7.6 Order Confirmation
A confirmation containing the Order Summary will be sent to the Customer at the end of the Order by e-mail to the address indicated by the Customer at the time the Order was placed.
8. DELIVERY
8.1 Delivery restrictions
GEODE delivers its Products only to the destinations listed on the Application.
8.2 Terms of delivery
Delivery will be made to the address indicated by the Customer at the time of placing the Order, as shown in the Order Summary.
8.3 Delivery times
8.3.1
The delivery time is indicated in the Order Summary.
8.3.2
In the event of late delivery, the Customer will have the option, in accordance with Article L216-6 of the French Consumer Code, of terminating the Contract if, after having given formal notice to GEODE to deliver the Product within a reasonable additional period, GEODE has not complied within this period. GEODE then undertakes to reimburse the Customer. If the Product has been received by the Customer after termination, the Customer must return it to GEODE, which will reimburse the Customer for the delivery costs.
8.3.3
In accordance with article L221-15 of the French Consumer Code, GEODE may not be held liable for late delivery or non-delivery attributable to the Customer (for example, the Customer's unavailability), to a third party (other than a GEODE service provider for the performance of the Contract) or to a case of force majeure.
8.4 Transfer of risks
The risks of loss, theft, deterioration and destruction of the Product are transferred to the Customer at the time of delivery. For the purposes of this clause, delivery will be deemed to have taken place when the Customer (or any third party acting on the Customer's behalf) has taken physical possession of the Product.
8.5 Receipt of the Product
The Customer is obliged to check the condition of the parcel and the Product upon delivery and to refuse delivery in the event of any apparent anomaly on the parcel or the Product. Any parcel that has not been the subject of a complaint by the Customer at the time of delivery shall be deemed to have been definitively accepted by the Customer.
9. NO RIGHT OF WITHDRAWAL
9.1
The Products sold by GEODE via the Application are goods personalised by the Customer.
9.2
Consequently, and in accordance with article L221-28, 3° of the French Consumer Code, the Customer does not have the right of withdrawal provided for in articles L221-18 et seq. of the French Consumer Code.
10. RESPONSIBILITY
10.1 Responsibility of the User
10.1.1 General
Any breach by the User of laws and regulations, public order and morality, as well as the General Terms and Conditions, may result in the blocking or deletion by GEODE of his/her Personal Account and/or a restriction of access to all or part of the Application, temporarily or permanently.
10.1.2 Personal use of the Application
The User undertakes not to divert the purpose of the Application or to use the Application for commercial purposes.
10.1.3 Personal Account
Identifiers are the sole responsibility of the User, who undertakes to keep them secret and not to divulge them in any form whatsoever. Any use of the Application made from a User's Personal Account will be deemed to have been made by that User.
10.2 GEODE's liability
10.2.1 Compliance of the Products and the Application with French law
GEODE may not be held liable in the event of non-compliance with the legislation of the country where (i) the Product is delivered and (ii) the Application is used by the User, excluding France. It is the responsibility of (i) the Customer to check the possibilities of importing or using the Products in the country of delivery and (ii) the User to check the possibilities of using the Application in the country where he/she is located.
10.2.2 Force majeure
GEODE will not be liable for the total or partial non-performance of its obligations under the Contract, if such non-performance results from a case of force majeure as defined by article 1218 of the French Civil Code and French case law, including in particular strikes by Product delivery services, bad weather, natural disasters, governmental or legal restrictions, epidemics, war, problems with telecommunications networks, acts of piracy, malware or cyber attacks.
11. GUARANTEE
11.1 Legal guarantee of conformity
11.1.1
In accordance with Articles L217-1 et seq. of the French Consumer Code, GEODE guarantees that the Product purchased by the Customer complies with the Contract and meets the criteria listed in Articles L217-4 and L217-5 of the French Consumer Code applicable to the Product.
11.1.2
The Customer has a period of 24 months from delivery of the Product to request the implementation of the legal warranty in the event of the appearance of one or more defects in conformity existing at the time of delivery, it being understood that the Customer is only required to establish the existence of the defect in conformity and not the date of its appearance.
11.1.3
The legal guarantee of conformity entitles the Customer to repair or replacement of the Product within thirty days of its request, at no cost to the Customer. To this end, the Customer must provide GEODE with the non-compliant Product.
11.1.4
Any Product repaired under the legal warranty of conformity benefits from an extension of this warranty of six months from the date of delivery of the repaired Product. If the Customer chooses to have the Product repaired but this is not carried out by GEODE, bringing the Product into conformity by replacing it will start a new period of legal warranty of conformity for the replaced Product from the date of delivery of the replacement Product. For the purposes of this article, delivery will be deemed to have taken place when the Customer (or any third party acting on the Customer's behalf) has taken physical possession of the Product.
11.1.5
GEODE may not proceed with the requested compliance if it is impossible or would entail disproportionate costs for GEODE.
11.1.6
LThe Customer may request a reduction in the price proportional to the difference between the value of the Product delivered and the value of this Product in the absence of the lack of conformity or the cancellation of the Contract in the following cases:
When GEODE refuses to comply;
If compliance is not achieved within thirty days of the Customer's request or if it causes the Customer a major inconvenience;
If the Customer definitively bears the cost of taking back or removing the non-conforming Product, or if the Customer bears the cost of installing the repaired or replacement Product or the related costs;
If the non-conformity of the Product persists despite GEODE's unsuccessful attempt to bring it into conformity;
When the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the Contract. In this case, the Customer is not obliged to request the repair or replacement of the goods beforehand.
11.1.7
The Customer is not entitled to rescind the sale if the lack of conformity is minor, which is GEODE's responsibility to demonstrate.
11.1.8
The Customer may not rely on the legal guarantee of conformity relating to apparent defects in the Product if he has accepted the Product without reservation as provided for in article 8.5.
11.2 Legal guarantee against hidden defects
11.2.1
The Customer benefits from the legal guarantee against hidden defects in application of articles 1641 to 1648 of the Civil Code, for a period of two years from the discovery of the defect, subject to a maximum period of five years from the conclusion of the Contract.
11.2.2
In application of this guarantee, the Customer has the choice between (i) returning the Product to GEODE and having the price refunded, or (ii) keeping the Product and having part of the price refunded.
12. PERSONAL DATA AND SECURITY
12.1
GEODE undertakes to comply with the regulations applicable to the protection of personal data and, in particular, to take all necessary precautions to ensure the security of personal data processed in connection with the use of the Application and the conclusion and performance of the Contract.
12.2
GEODE's policy on the protection of personal data processed in this context is available at : https://coeurdegem.com/privacy-policy
13. INTELLECTUAL PROPERTY
13.1
GEODE is the sole owner or licensee of the intellectual property rights relating to the Products and the Intellectual Property Elements.
13.2
The General Terms and Conditions do not confer any transfer of intellectual property to the User in respect of the Intellectual Property Elements.
13.3
Consequently, any reproduction or representation, in whole or in part, of the Intellectual Property Elements is prohibited, as is any alteration thereof. In this respect, the User is prohibited from adapting, arranging, modifying, correcting, decompiling, associating, translating into any language or languages, placing on the market, whether free of charge or against payment, or marketing all or part of the Intellectual Property Elements, by whatever means and on whatever medium.
13.4
GEODE grants the User, on a personal basis and free of charge, a non-exclusive and non-transferable right to use the Application, for private and non-commercial purposes and for an indefinite period that may be terminated at any time by GEODE.
13.5
In the event of non-compliant or abusive use of the Intellectual Property Elements, GEODE reserves the right to take any legal action to put an end to the infringement of its intellectual property rights.
14. EVIDENTIARY AGREEMENT
14.1
The Parties agree that all computer recordings in GEODE's information system (log files, etc.) or their reproduction on a computer medium shall, in the event of litigation or legal proceedings, be deemed to constitute proof.
15. CONTACT
15.1
For any request relating to the Contract, the Customer may contact GEODE using the contact details provided in the online help of the Application.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
16.1
The Contract is governed by French law, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.
16.2
IN THE EVENT OF A DISPUTE BETWEEN GEODE AND A CONSUMER USER ARISING FROM THE VALIDITY, INTERPRETATION, PERFORMANCE OR NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THE CONTRACT, AND IN THE ABSENCE OF A PRIOR AMICABLE AGREEMENT, THE USER MAY BRING THE DISPUTE BEFORE THE "CNPM-MEDIATION-CONSOMMATION" MEDIATOR.
16.3
FAILING THIS, OR IN THE EVENT OF A CONTINUING DISPUTE BETWEEN GEODE AND THE USER, THE DISPUTE SHALL BE BROUGHT BEFORE ONE OF THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE CODE OF CIVIL PROCEDURE, AND THE USER MAY ALSO BRING THE DISPUTE BEFORE THE COURT FOR THE PLACE WHERE HE RESIDED WHEN THE CONTRACT WAS CONCLUDED OR WHEN THE HARMFUL EVENT OCCURRED.
