General conditions of sale

General conditions of distance selling.

Effective for all orders placed from 09/18/2018
The company LES BABIOLES, SARL with capital of 20,000 euros, registered in the PARIS trade and companies register under number 513 826 248, whose registered office is located at 53 rue Charlot – 75003 Paris, and whose name is “MONSIEUR” (hereinafter the “Company”), ; Telephone: 01 42 71 12 65; email address: contact@monsieur-paris.com; VAT FR 555 13826248, publishes the e-commerce website accessible at the address http://www.monsieur-paris.com (hereinafter the “Site”).

The Site offers for sale a collection of jewelry (rings, earrings, necklaces, etc.) manufactured by the Company, marked with a unique master's hallmark issued by the French administration and specific to the Company, guaranteeing the precious nature of the metal used and its origin.

The metals used are 18-carat yellow gold (750/1000), 18-carat rose gold (750/1000), 18-carat white gold (750/1000), vermeil (925/1000 silver) covered with a 5-micron layer of fine rose gold or fine yellow gold, or solid silver (925/1000). For more information, we invite you to consult the "materials guide" page of the Site, appearing under each product description sheet.

When you visit the Site, you have the opportunity to learn about each product by clicking on the photograph presented, which will display a dedicated page including a more detailed photograph and a text describing the main characteristics of the product in question.

ARTICLE 1: PURPOSE

1.1 The purpose of these general terms and conditions of sale, or “GTC”, is to establish the terms and conditions of distance selling and delivery of one or more products, as described on the Site and in the preamble, and hereinafter defined by the term “Jewel(s)”.

The General Terms and Conditions constitute a contract between the Company and the natural person of full age and capacity, acting for purposes other than the needs of their professional activity, and making payment for an order under the conditions specified below, this person being referred to in the General Terms and Conditions by the term "you".

1.2 The General Terms and Conditions are the only legal act applicable to any order placed through the Site, and are subject to acceptance by you under the conditions specified below. Any order for Jewelry placed on the Site is subject to the General Terms and Conditions in force on the day of the order.

A copy of the General Terms and Conditions will be sent to you once during the ordering process (i.e. before confirmation of any purchase), and then a second time upon delivery of the order. It is your responsibility to keep/save a copy. The General Terms and Conditions can also be downloaded and printed at any time on the Website at the following address: https://monsieur-paris.com/fr/content/9-conditions-generales-ventes.

1.3 All information relating to the Jewelry covered by these General Terms and Conditions (prices, names, definitions, detailed descriptions: properties, characteristics and composition, etc.) offered for sale remotely on the Site is available, in accordance with applicable legal and regulatory requirements, on the Site, in all Monsieur stores, or by telephone by calling 01 42 71 12 65.

Although the Company makes every effort to ensure the accuracy of the information published on the Site, in advertisements or in catalogs, it does not provide any guarantee, express or implied, regarding the accuracy, reliability and completeness of such information.

The Company does not guarantee the price of a piece of jewelry until an order confirmation is issued by us, indicating the existence of a legally binding sales contract. If the correct price of a Monsieur product is higher than the price displayed on our website, then we will contact you for your instructions before shipping the order. If we do not hear from you, we will cancel the order; you will be informed of this by email.

The Company also strives to ensure the reliability of the visuals, descriptions, photographs, or graphic representations of the materials and stones displayed on the Site or in our catalogs, within the limits of technology and in compliance with market standards. However, we do not guarantee that these elements are free from any errors. Whether as a result of an inaccuracy, an omission, an obsolete element or for another reason, the Customer has the option in this case to notify us so that we can proceed with a return procedure, subject to informing us within 3 (three) days of receipt.

ARTICLE 2: COUNTRY

The distance sale of Jewelry is carried out in the European Union1 under the conditions provided for by the General Terms and Conditions, this territory being hereinafter defined as the “Delivery Zone”.

For any territory located outside the Delivery Zone, you are invited to contact the Company directly by email: contact@monsieur-paris.com, so that it can determine whether the order you wish to place can be assured, in particular taking into account (i) the risks associated with delivery under normal conditions, and (ii) the assessment of customs duties.

ARTICLE 3: PRICE

3.1 Price. The price due to the Company is made up of the total of the following different elements:

1° the price of each Jewel in euros, excluding tax, increased by the Value Added Tax in force on the day of the order;

2° the delivery costs in euros excluding tax and including all taxes where applicable.

The prices of each Jewel, as well as the applicable delivery costs, are those made available to you on the Site on the day of your order, and are therefore subject to modification by the Company at its convenience, as long as you have not validated your order under the conditions provided for in article 4.

3.2 Payment methods made available to you on the Site to validate your order under the conditions set out in article 4.4

Any payment on the Site can be made:

By Credit Card: After confirming your order, the Site invites you to provide the various information appearing on your credit card, in a secure space, ensuring the encryption of data transmitted by the SSL protocol and certified by a certification authority. You can also validate the payment by communicating your credit card number by telephone to our customer service. Your card must belong to the Groupement des Cartes Bancaires CB, or to any other group mentioned on the Site. Once the required information has been completed, and/or transmitted, then validated by you, and after acceptance of the payment request by the banking establishment, your account is debited for the full price and delivery costs. Data concerning your banking information is not stored by the Company.

Paypal® Service. Payment can also be made through Paypal®, a third-party payer who will be the sole holder of your bank details. To benefit from this service, you must create an account and accept the terms and conditions offered by Paypal®. To do this, or for any additional information about this service, we invite you to connect to the website http://www.paypal.com.

By gift voucher: if you have a valid gift voucher issued by the Company for an amount equal to or less than the amount of your order, you can use it by entering the corresponding code attached to said voucher. The total amount of the order remaining due will then be reduced by the total amount of the voucher, this balance must be paid by you for the order to be valid. The use of the voucher will be effective after validation of the order and its payment and the voucher will then no longer be usable. You cannot split the amount of the voucher or carry over part of it to a subsequent order. In the event of a refund of the order for any reason whatsoever, the part of the price of the order paid by voucher will only be refunded by a voucher of an equivalent amount.

In the event that, for whatever reason (opposition, refusal by the issuing center, etc.), the debit of the sums due proves impossible, the order will not be recorded by the Company and/or will be canceled.

ARTICLE 4: ORDER

4.1. Selection. You have the possibility to select one or more Jewels on the Site, with a view to their purchase. The conditions of availability of each Jewel are displayed as far as possible on the Site but will only be confirmed to you at the time of adding the selected Jewel to the basket, depending on actual stocks. You can also make a request for availability at any time by contacting us at 01 42 71 12 65 or by sending an email to the following address: contact@monsieur-paris.com, to which the Company will endeavor to respond as soon as possible. If the Jewel is not in stock, the Company will make its best efforts to manufacture it within a maximum of 6 weeks from the validation of the order.

Rings are custom-made. To this end, you are invited to provide the size of the finger intended to receive each ring. It is your responsibility to check the corresponding size before ordering; the declared size is your sole responsibility. An information space on the Site presents different methods for determining the appropriate size, in the "TO BE COMPLETED" space.

Bracelets are adjusted to the size indicated on the Site. Again, it is your responsibility to check the corresponding size before ordering; the declared size is your sole responsibility. An information area on the Site presents different methods for determining the appropriate size, in the "TO BE COMPLETED" space.

Other jewelry is offered for sale in standardized sizes.

All the Jewelry you have selected during your visit to the Site appear in your “Basket”, accessible by clicking on the tab at the top right of each page of the Site, which summarizes the price of each selected Jewelry, the total price including VAT, and delivery costs, if applicable. You are free to modify your Basket by deleting an initially selected item and/or by modifying the selected quantities and/or by adding other Jewelry(s).

4.2 Identification. To be able to place an order, you must be of legal age (at least 18 years old), have your habitual residence in the territory of the European Union, have legal capacity and place an order for non-professional purposes.

After clicking on the "ORDER" button, at the bottom right of your Basket, the Site offers you (i) either to create a customer account in order to save your personal data to facilitate your future orders and to be able to follow the processing of your current orders, (ii) or to connect to your customer account to finalize your order if you already have such an account by entering your email and password (iii) or to order without creating a customer account by completing the personal data necessary for the processing of your order by the Company.

When creating a customer account and/or placing an order, the Site invites you to provide the following personal data: gender, name, email address, date of birth, precise address/postal code/city, country (domiciliation with a company if applicable, it being recalled that you cannot purchase Products on behalf of a company), telephone number. All of this information is mandatory in order to place an order on the Site.

When creating a customer account, the Site also invites you to choose a password, which will be associated with your email address. This password must contain at least 12 characters and 4 different types: lowercase letters, uppercase letters, numbers, and special characters. Your password is personal and confidential. You are solely responsible for its use and you agree not to disclose it to third parties.

You also have the option of providing a billing address separate from the delivery address.

The data you provide to the Company is necessary to validate your order and its delivery. You therefore undertake to complete the requested information with the greatest care, to ensure that it is accurate and complete, and acknowledge that the Company cannot under any circumstances be held liable for the failure to fulfill one or more of its obligations which would be due to an error or omission on your part in the information you provide.

4.3 Validation of your order (double click). After completing your personal data, or logging in, you are invited to click on the "VALIDATE MY ORDER" button. The Site summarizes one last time, on the same page (i) the detailed contents of your Basket, (ii) the total due, (iii) the delivery cost. You then have the possibility to confirm the contents, after having read the General Conditions of Sale and acknowledging it by checking the box specifying "I acknowledge having read the General Conditions of Sale and accept their terms", then by clicking on the "payment by credit card" button or the "payment by PayPal" button. Until this last step, you have the option to go back and correct any errors. If you ultimately abandon your order, it is your responsibility to interrupt the procedure by returning to the Site home page or by leaving it.

4.4 Payment. Upon validation of your order, as described in Article 4.3 above, the Site invites you to proceed with payment of the corresponding price, calculated under the conditions provided for in Article 3.

Once the payment has been made and validated by your banking establishment, the Company and you are bound by the General Terms and Conditions.

The order can no longer be cancelled, except in the cases provided for in Articles 5.2, 7.1, and 10.1. You will then receive an email acknowledging receipt of your order at the address you provided, and containing a summary of it, as well as delivery times, the order number, and a copy of the General Terms and Conditions. In accordance with the provisions of Article 1126 of the Civil Code, you formally accept the use of email for confirmation by the Company of the content of your order.

4.5 Proof. By placing an order on the Site, you agree that emails exchanged with the Company will be binding between the parties.

Any order placed on the Site and all contractual elements relating thereto (order form, confirmation emails, T&Cs, etc.) are archived by the Company for a period of 10 years from the delivery of the Jewelry ordered by you, for any order for an amount equal to or greater than 120 euros.

You are recommended to keep these elements but you can also at any time during this period request a copy from the Company by sending an email to the Company at the email address contact@monsieur-paris.com or by post to the address MONSIEUR 53 rue Charlot – 75003 Paris.

ARTICLE 5: DELIVERY, DEADLINES AND RETURNS

5.1 The Company will deliver the Jewelry to the address indicated when ordering, via a carrier designated by the Company, within the time period mentioned when ordering and in any event within a maximum period of 30 (thirty) days for Jewelry mentioned as being in stock on the Site, and 6 (six) weeks for Jewelry not yet manufactured at the time of ordering. In this regard, in the case of an order that includes several items with different delivery times, the Company will wait for all items to be available before proceeding with shipment. You will be informed of the dispatch of your order by email.

5.2 Failure or delay in delivery. In accordance with Articles L216-2 and L216-3 of the Consumer Code, in the event of a delay or failure to deliver seven (7) days after the maximum delivery date indicated, which is not attributable to an error on your part, nor to the unforeseeable and insurmountable act of a third party, nor to a case of force majeure, you may cancel your order by registered letter with acknowledgement of receipt addressed to the Company within sixty (60) days following the maximum delivery date indicated. If delivery has not taken place between the sending and receipt of this letter, the Company will reimburse you for the full price that you have actually paid for each undelivered Jewel, within a maximum period of fourteen (14) days.

5.3 Receipt. Upon receipt of your order, it is your responsibility to formulate in writing, immediately and precisely, on the delivery slip, any reservations regarding the condition of the packaging of the package received. In the event of receipt of a package with damaged packaging, you undertake to make regular and sufficient observations, in particular (i) by formulating reasoned reservations to the carrier, in writing, (ii) by keeping the disputed packaging and its contents in conditions that do not alter their condition, and (iii) by reporting by email to the Company, without delay, the damage(s) thus noted, in a documented manner, as well as by attaching a copy of the delivery slip including the reservations that you have mentioned therein.

5.4 Conformity. In the event that you find that one or more pieces of Jewelry do not comply with the legal guarantees mentioned in Article 7, it is your responsibility to notify the Company, by registered letter and by email, in detail, of the nature of the non-conformity and/or defects affecting the Jewelry(s) concerned within three days of its/their receipt, specifying the method of repair you wish to opt for, among the different options provided for in the aforementioned article. In the event that you choose a full refund of the price paid for each non-compliant Jewel, it is your responsibility to send the Jewel(s) concerned to the Company, upon acceptance by the latter of this method of repair, in accordance with the provisions of Articles L217-8 to L217-10 of the Consumer Code recalled below, by post or the carrier of your choice to the following address: Atelier Monsieur 53, rue Charlot 75003 Paris. The duly completed return slip must be attached to the shipment. In accordance with Article L217-11 of the Consumer Code, it is your responsibility to pay the return costs in advance, which will be reimbursed to you by the Company at the same time as the price paid.

ARTICLE 6 — RIGHT OF WITHDRAWAL

6.1 For Jewelry made according to the consumer's specifications or clearly personalized:

In accordance with Article L121-28-3° of the Consumer Code, the right of withdrawal usually granted to consumers in the context of distance selling contracts cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

Each piece of jewelry with a personalized engraving or specifically made at your request, you expressly acknowledge and accept that you cannot exercise the right of withdrawal provided for by articles L121-18 et seq. of the consumer code.

6.2 For other Jewelry that is either in stock at the time of the order or made to order, according to your measurements and/or the customization options offered by the company, in one of the materials offered by the Company:

In accordance with the provisions of Articles L. 221-18 et seq. of the Consumer Code, you have a right of withdrawal under the regulatory conditions for all Jewelry not covered by the exemption defined in Article 6.1.

This right may be exercised within 14 (fourteen) days from receipt of the Jewel by you, by returning to the Company the withdrawal form (displayed below and downloadable here) that it sent to it in the duly completed order confirmation email or any other unambiguous written declaration, expressing your wish to withdraw, by email to the address contact@monsieur-paris.com or by post to the address MONSIEUR 1 rue Perrée - 75003 Paris.

It will then be your responsibility to return the item concerned, at the latest, within 14 (fourteen) days following the communication of your decision to withdraw, in its original packaging or in packaging providing equivalent protection, in perfect condition and accompanied by all the documents and accessories provided, as well as the delivery note attached to said item. This return is made at your expense and the return costs will not be reimbursed by our Company, which you expressly accept. The reimbursement of the price of the returned item (including the cost of delivery of the item to your address) will be made, by credit to your customer bank account, at the latest within fourteen (14) days following receipt by the Company of said items. Any personalized, retouched or returned damaged, used, incomplete or soiled item will not be subject to such a reimbursement.

Click here to download the withdrawal form

ARTICLE 6 — RIGHT OF WITHDRAWAL

7.1 The Company complies with the provisions of the Consumer Code and the Civil Code regarding guarantees. The seller is liable for defects in conformity of the goods sold under the conditions of Articles L. 217-4 et seq. of the Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. of the Civil Code. These provisions are reproduced below:

Articles L217-4 and L217-5 of the Consumer Code:

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L217-7 of the Consumer Code:

Any lack of conformity which appears within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 of the Consumer Code:

The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest conformity by invoking a defect that he knew about or could not have been unaware of when he entered into the contract. The same applies when the defect originates from the materials that he himself supplied.

Article L217-9 of the Consumer Code:

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law.

Article L217-10 of the Consumer Code:

If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be achieved without major inconvenience for the latter given the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L217-11 of the Consumer Code: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the allocation of damages.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1643 of the Civil Code: He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the Civil Code: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.

Article 1645 of the Civil Code: If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.

Article 1646 of the Civil Code: If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.

Article 1647 of the Civil Code: If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles.

But the loss incurred by fortuitous event will be for the account of the buyer.

Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

7.2 In accordance with the foregoing provisions, it is expressly agreed that the Company provides no guarantee regarding hidden defects of which it is not aware, nor that the Jewel(s) ordered meet(s) a specific request from you, with the exception of their size, for those of the Jewels for which you have provided this information. Similarly, the Company may not under any circumstances be held liable for any damage or lack of conformity resulting from erroneous information that you have communicated to it.

7.3 Any Jewelry returned damaged, worn, or soiled in a manner distinct from the elements of non-conformity alleged in application of article 5.4 and noted by the Company will not give rise to any reimbursement.

7.4 Notwithstanding the foregoing, the Company shall not be liable for:

- errors and/or omissions referred to in Article 1.3;

- interruptions or delays due to the performance of maintenance work, technical breakdowns, force majeure, actions by third parties or any circumstances whatsoever, beyond its control and of which you will be informed as soon as possible by the Company;

- the temporary inability to access the Site due to circumstances beyond its control, such as computer failure, interruption of the telephone and/or internet network, etc.

ARTICLE 8: INTELLECTUAL PROPERTY

8.1 The Jewelry, the Site, the services offered, as well as all content, texts, databases, software, visual and audiovisual elements that compose it are the exclusive property of the Company, and are protected by intellectual property law. Any act of exploitation of the aforementioned elements, in particular by reproduction and/or representation, is expressly prohibited.

8.2 The trademarks “MONSIEUR” and “MONSIEUR PARIS” are registered trademarks. No license or authorization for reproduction is granted for the aforementioned trademark or for any other trademark used by the Company or its co-contractors.

ARTICLE 9: PERSONAL DATA

9.1 The Company collects personal data about you with your consent, as referred to in Article 4.2.

The Company undertakes to carry out the collection and processing of this personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

In accordance with these Regulations, the Company informs you:

(a) the identity and contact details of the data controller:

The company LES BABIOLES, SARL with capital of 20,000 euros, registered in the PARIS trade and companies register under number 513 826 248, whose registered office is located at 53 rue Charlot – 75003 Paris, and whose name is “MONSIEUR”; Telephone: 01 42 71 12 65; email address: contact@monsieur-paris.com, represented by its legal representative, Ms. Nadia AZOUG in her capacity as manager

(b) the purposes of the processing for which these personal data are exclusively intended:

The personal data transmitted are primarily necessary for the execution and processing of orders that you wish to place on the Site, for your access to and use of the Site, for the management of the operation and optimization of the Site, verification, identification and authentication of the data transmitted by you.

The personal data you provide to us to create a customer account also allows you to facilitate your subsequent orders and track your current orders.

They may finally be collected for the purposes of transmitting our newsletter, when you choose to subscribe to this service when creating your account or at any time on your account.

They are finally collected by the Company with your express consent if you choose to click on the box dedicated to this purpose, with the aim of distributing its commercial offers, and

c) recipients of personal data collected by the Company:

This personal data may only be shared with third-party companies in the following cases:

-When you use payment services, for the implementation of these services, the Site is in contact with third-party banking and financial companies with which it has entered into contracts;

-When the Company uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to your data, as part of the performance of these services and have a contractual obligation to use them in compliance with applicable regulations;

-If required by law, the Company may transmit data to respond to claims made against the Company and to comply with administrative and judicial procedures;

-If the Company is involved in a merger, acquisition, sale of assets or bankruptcy proceeding, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

(d) the duration of storage of personal data:

This information is kept for the duration permitted by law. This duration varies depending on the nature and circumstances in which it was communicated to us.

You expressly declare and guarantee that the Company collects and processes personal data under the conditions referred to in Article 4.2.

9.2 You have the right to access your personal data, as well as the right to rectify or erase this data, the right to obtain a limitation of processing, the right to object to the processing of this data and the right to the portability of this data.

You can exercise these rights by writing to the following address: SARL LES BABIOLES, 53 Rue charlot, 75003 PARIS, France or by email to contact@monsieur-paris.com.

However, you cannot exercise your right to erasure or to refuse processing with regard to personal data transmitted for the purposes of the execution of the contract and/or to comply with the Company's regulatory and legal obligations, in particular with regard to archiving.

9.3 For the purposes of its activities and services, and in particular to facilitate their proper functioning, the Site uses a system of "cookies". You must accept the deposit of cookies by validating the button provided for this purpose on the Site banner specifying the purposes of the cookies used and the possibility of opposing them. These cookies may contain data relating to your identification and your navigation on the Site. You are informed that you can block or delete these cookies.

For Mozilla Firefox:

• Choose the “tool” menu then “Options”

• Click on the “privacy” icon

• Locate the “cookie” menu and select the options that suit you

For Microsoft Internet Explorer:

• Choose the “Tools” menu, then “Internet Options”

• Click on the “Confidentiality” tab

• Select the desired level using the slider

For Google Chrome:

• Click the “wrench” icon in the browser toolbar

• Choose the “Options” menu then click on “Advanced options”

• Click on “Content Settings” in the “Privacy” section

• Click on the “Cookies” tab and select the options that suit you

ARTICLE 10: COMMON PROVISIONS

10.1 Consumer status. By accepting the T&Cs, you declare that you are purchasing the Jewelry for strictly personal purposes and in any event without any direct or indirect relationship with your professional activity (i.e. for purposes other than commercial, industrial, craft or liberal), this declaration being an essential and determining condition of the Company's consent to your use of the Site as well as to the sale permitted by the latter. Consequently, in the event that this declaration proves to be erroneous or misleading, the Company reserves the right to cancel your order automatically and to retain the price paid as a provisional penalty, without prejudice to any additional compensation to which the Company may be entitled.

10.2 Access to the Site. The costs associated with the use of the Internet when using the Site are your responsibility, at the rates and conditions charged by your Internet service provider and you remain in all circumstances solely responsible for any equipment and its use allowing you to access the Site.

10.3 Partial invalidity. If one or more provisions of the General Terms and Conditions are held to be invalid or declared null and void pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope, unless the invalid provision(s) were of a substantial nature and their disappearance calls into question the contractual balance. Where applicable, the parties then agree to replace the clause declared null and void with a clause that is closest in content to the initially agreed clause.

10.4 Non-Waiver. It is understood that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in the T&Cs, whatever their frequency and duration, cannot constitute a modification of the T&Cs, nor generate any right whatsoever.

10.5 Applicable law and competent jurisdictions. The law applicable to the General Terms and Conditions is French law. In the event of any difficulty arising in the interpretation or execution of these General Terms and Conditions, and in the order or delivery of Jewelry sold on the Site, we invite you to send us any request for an amicable resolution, by registered letter with acknowledgment of receipt to the following address: SARL LES BABIOLES, 53 Rue Charlot, 75003 PARIS, France. We undertake to respond to you within 15 (fifteen) days. In the absence of a satisfactory agreement, you have the right to contact a consumer mediator free of charge with a view to the amicable resolution of the dispute between you and the Company.

In the event of a dispute relating to the formation, execution, and/or interpretation of the General Terms and Conditions, express jurisdiction is granted to the French courts.

10.6 Amendments. From the date of their entry into force, the General Terms and Conditions may only be amended in writing signed by both parties. They represent the entirety of the commitments existing between the parties. They replace and cancel any previous oral or written commitment relating to the subject matter hereof.

10.7 Conservation of the General Terms and Conditions. For ten years from the confirmation of your order, and as long as its price is greater than one hundred and twenty (120) euros, the Company ensures the conservation of the General Terms and Conditions, and of all commercial information communicated to you before and after your order. You can obtain a copy of this document by sending your request to SARL LES BABIOLES, 53 Rue Charlot, 75003 PARIS, France. The sending of this information gives rise to an invoice per act, at the unit price of ten percent (10%) of the price of the order.