General Terms of Sale
- Definitions
TOS means these terms of use and sale detailing the conditions for using the Site and placing Orders;
Customer means any natural person or legal entity, with or without a valid Account, and/or purchasing one or more products available on the Site;
Order(s) mean(s) the Customer's firm order(s) for the purchase of one or more Products available on the Site;
Account means a valid User account for the placing of orders;
Content refers to the content (text, sound, videos) belonging to, and uploaded onto the Site by, HOLIDERMIE;
Personal Data means any personal information relating to an individual, enabling her/him to be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more elements specific to her/his physical, physiological, genetic, psychic, economic, cultural or social identity;
Privacy Policy means the document prepared by HOLIDERMIE, presenting its processing of Users' Personal Data and defining their corresponding rights;
Products designate jewelry, and more generally, the products offered for sale by HOLIDERMIE via the Site. All Products offered for sale on the Site are new;
Site means HOLIDERMIE's e-shop accessible at www.HOLIDERMIE.com, and from which Users can place an Order;
User means any person, whether or not she/he is a Customer, visiting or consulting the Site.
- About the website www.HOLIDERMIE.com
The Site is published by HOLIDERMIE, a joint stock company registered with the Trade and Companies Registry of Paris under number 833 521 545, with its headquarters located at 51, avenue Montaigne 75008 Paris (France), represented by its CEO, Mrs. Mélanie HUYNH ("HOLIDERMIE").
These TOS are accepted by to Customers when placing Orders and are accessible to Users at all time on the Site.
By accessing the Site, Users acknowledge having read and understood these TOS and hereby agree to be bound by them.
On its sole discretion, HOLIDERMIE reserves the right to modify these TOS at any time. The applicable TOS are those accepted by the Customer when placing the Order.
3. Placing an Order on the Site
Orders are placed via the Site.
3.1. Creating an Account
To place an Order, the User may first create an Account by choosing a password.
In case of creation of an Account, the User will receive an email from HOLIDERMIE, confirming her/his registration.
If the User already has an Account, she/he will have to identify her/himself using her/his password. Users’ passwords are strictly personal and confidential. HOLIDERMIE recommends to Users to regularly modify their passwords and choose strong passwords that include a combination of letters, numbers and special characters. Users should not share passwords with other individuals. Users are responsible for the loss or theft of their password if it is proven that they are responsible for such loss or theft. In this case, Users must immediately inform HOLIDERMIE.
For more information regarding the Personal Data processed by HOLIDERMIE, Users may consult the Privacy Policy.
3.2. Products selection and adding them to the cart of the Customer's Account
Users may select the Products of their choice provided they are available for online sale, along with the quantity desired.
The total price including taxes, as well as the amount of said taxes, will be posted on the Site.
To add a Product to the basket in her/his car, the User must:
§select the Product and the desired number;
§click on "add to cart".
Each new addition to the cart will be mentioned on the Site by the appearance of the number of items in the cart.
At any time, the Customer may consult the details of selected Product(s) which is(are) in her/his cart, continue her/his purchases on the Site, or confirm her/his Order by completing her/his payment.
3.3. Payment enabling the completion of the Order
Before finalizing the Order and paying, the User is directed to a web page enabling her/him to view the details of selected Product(s), and may change the Products.
Before making her/his payment, the User must complete details regarding invoicing and shipping and select the shipping options.
The User will be informed of the estimated delivery time of Products.
Before payment, the User should carefully check her/his Order, confirm her/his invoicing and shipping information, and must accept these TOS.
Products may be paid for by all means of payment proposed on the Site, including credit cards (including MasterCard, Visa and American Express), and Stripe or Paypal.
The Order will only be processed by HOLIDERMIE once payment is made by the Customer.
3.4. Order Confirmation by HOLIDERMIE
After placing the Order, the Customer may access through her/his Account to a summary of her/his Order including the Order number. This summary will be sent to the Customer by confirmation email incorporating all the elements of the sale contract entered into the Parties.
This information constitutes proof of the nature, content and date of the Customer's Order and is authentic, which she/he expressly accepts.
3.5. Product Delivery
Products will be delivered, depending on the Customer's choice, to the address she/he has entered or any address communicated for this purpose on the Site, at the time of the Order is placed.
The Customer can track her/his Order on the Site, by accessing to her/his Account.
4. Terms of Purchase and Customer guarantees
To place an Order, the Customer who is an individual, must be an adult (or failing that, be over sixteen, and place the Order accompanied by her/his legal representatives) and be legally able to enter into agreements.
If the Order is made on behalf of a legal entity, the Customer declares and warrants that she/he is empowered to place the Order on its behalf. In this case, the Customer agrees to purchase the Products for personal uses and not to resell them to third parties.
The Customer warrants that the Products will not be delivered, sold, and distributed for commercial purposes.
Any Order made in violation of this article will be null and void.
By validating an Order, the Customer submits to HOLIDERMIE an offer to buy the Products placed in the cart. HOLIDERMIE reserves the right to refuse, cancel and cancel orders at any time if circumstances make it legitimate, especially in case of violation of these TOS or attempted fraud.
5. Information on Products & availability of products offered on the Site
The Products offered for sale are those listed in the collections accessible on the Site and that may be subject to an Order, unless they are exceptionally unavailable, or unless HOLIDERMIE exercises its right of withdrawal.
Sales offers including promotional offers are valid as long as they are advertised on the Site. Any promotional offer not originating from the Site cannot be validly opposed to HOLIDERMIE.
HOLIDERMIE makes its best efforts to comply with the requirements of Article L.111-1 of the French Consumer Code by displaying the essential characteristics of the Products. Photographs or Products are for illustrative purposes alone and are not contractual.
Any Order place in violation of this article shall be null and void.
Users should consult the description of each Product to obtain its essential features. Products include different hallmarks used to certify the quality of the metals used by HOLIDERMIE.
If the ordered Product is unavailable for exceptional reasons, HOLIDERMIE will inform the Customer as soon as possible and the Customer may modify her/his selection or even cancel the Order. In all cases, HOLIDERMIE will propose to the Customer another Product of an equivalent quality and price, or alert her/him, by email, in case of any future availability of the selected Product.
6. Products Prices and Shipping costs
Product prices are firm. Products shall be invoiced on the basis of the price in force at the time the Order is confirmed.
Prices are net and in euros, including taxes.
Packaging and shipping costs can be consulted on the Site and will be communicated to the Customer before the Order is validated.
In no case may the prices appearing on the Site when an Order is placed shall incur HOLIDERMIE’s liability for future orders. Product prices may be changed at any time by HOLIDERMIE without prior notice and excluding Orders that are being processed.
7. Products payment & Invoicing
The Customer must pay her/his Order in full by credit card or Payplug and Paypal or by any other means proposed and accepted by HOLIDERMIE.
To proceed with the payment, the Customer will provide her/his payment details via the service provider responsible for the online processing of payments. Transactions made by credit card are secure.
If a payment is refused, HOLIDERMIE will suspend the Order and any possible delivery and the Customer must contact the issuer of the payment card responsible for such a refusal.
Products ordered remain the property of HOLIDERMIE until full payment of their price. In the event of a payment default, the Customer undertakes to return to HOLIDERMIE the Product(s) received upon first request. At delivery date, the risks (including loss, theft or damage) relating to the delivered Products are fully assumed by the Customer.
All invoices are dated on the day that the Order is placed. The invoice is sent by email to the Customer.
8. Dispatch & delivery of the Order
Products will be delivered, depending on the Customer's choice, to the address she/he has entered or any address communicated for this purpose on the Site, at the time of the Order is placed.
Unless otherwise stated on the Site, HOLIDERMIE may dispatch the products to mainland France (including Corsica), in all countries of the European Union and internationally under the conditions specified on the Site.
Delivery times are posted on the Site before the Order is placed. Unless otherwise indicated, they vary:
Our delivery times are the following:
- Any order placed from Monday to Thursday before 12 am will be shipped the very day.
- Any order placed from Monday to Thursday after 12 am will be shipped the next day.
- Any order placed from Friday, after 12 am, to Sunday evening will be shipped the next Monday.
- Any order placed on national holidays will be shipped the next working day.
Delivery times are only given as an estimate and consistent with what has been usually found.
For mainland France, standard packages are delivered by the DHL ODD delivering company. This service ensures delivery between 1 and 2 business days after shipment.
The recipient receives a sms notification.
In addition to the delivery originally planned by the sender, the recipient has 6 options:
-Delivery to another date
-Delivery to another address
-Delivery authorization without signature
-Standby delivery in a DHL agency
-Delivery to neighbour’s house
-Delivery at a pick-up
This choice is free and cost-free by laptop or phone.
Delivery will take place within an average of 2 to 7 days from the receipt of the order form, depending on the delivery method chosen and no later than 30 days from receipt of the order form. Shipping is handled by our delivery agents. HOLIDERMIE cannot be held responsible for any delivery delays.
In the event of deliveries outside mainland France, customs or other local taxes, may be applicable, which are exclusively borne by the Customer and which are under her/his full responsibility, including the reporting and payment. Customers should check with their local authorities prior to the Order.
The delivery will be deemed as complete upon the Customer or his chosen recipient's receipt of the Order. It is their responsibility to check upon receipt that the Products have not been damaged during transportation and to immediately notify HOLIDERMIE if this is the case.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier's computer system or the signature of the delivery note will be deemed as authentic.
HOLIDERMIE will be exempt from all or part of its responsibility for any delay or failure to comply with obligations by demonstrating that this failure is either due to the Customer, or to the fact, which is unforeseeable and unavoidable, of a third party, or to a case of force majeure, as provided by Article L.121-19-4 of the French Consumer Code.
9. Right of withdrawal for non-professional Customers
Pursuant to applicable legal provisions, the non-professional Customer has a right of withdrawal that can be exercised without having to provide a reason within a period of fourteen (14) days from the receipt of the Products. If the Order includes several products, the withdrawal period runs from receipt of the last Product.
In order to exercise the right of withdrawal, the Customer must return the withdrawal form reproduced hereunder, or a written HOLIDERMIE unambiguously expressing her/his intention to withdraw from the sale contract to HOLIDERMIE at the following address:
HOLIDERMIE c/oSociété Duhamel Logistique S5,
Voie du Futur, 27100 Val De Reuil
Products must be returned by the Customer within fourteen (14) days from the communication of his/her decision to withdraw.
Upon exercise of the right of withdrawal within the aforementioned period, and in accordance with Article L121-20-1 of the French Consumer Code, the amount of the Order and any delivery charges will be refunded to the Customer, with the exception of any customs clearance costs.
Products must be returned to the following address: HOLIDERMIE c/oSociété Duhamel Logistique S5, Voie du Futur, 27100 Val De Reuil, France, or any address provided for this purpose on the Site, in perfect condition for resale (not used, undamaged, not soiled or dirty), in their original packaging, coupled with any accessories (except gift wrapping) and a copy of the invoice.
If the return is accepted after checking the condition of the Product(s)s, HOLIDERMIE will make the refund by the same means of payment as that used by the Customer no later than fourteen (14) days from receipt of the Product(s) by HOLIDERMIE or the transmission of proof of shipment of the Product(s).
Model withdrawal form to be ask by mail at info@holidermie.comand to be returned by egistered letter with acknowledgment of receipt, with the products at the following address:
HOLIDERMIE c/o
Société Duhamel Logistique S5
Voie du Futur, 27100 Val De Reuil
I _______________________ hereby notify
you of my withdrawal of the order n°_________________ concerning the products
____________ below:
Ordered on: _______________ / received on ______________
Customer name: __________________________
Customer address: _______________________
Date: ____________________________
Customer signature :
10. INSTRUCTIONS FOR RETURNED PRODUCTS
Any customer may request the exchange of his article within 14 days from the order's date. Returns of orders shipped in metropolitan France and outside mainland France are the the customer's expense.
The product for which the Customer requests an exchange must be intact, unopened and in its original packaging.The Customer must enclose with his shipment the product, the number of the order concerned by the return, the designation of the product(s) concerned by the return, as well as an exchange request or purchase order.
The return address is:
HOLIDERMIE c/oSociété Duhamel Logistique S5
Voie du Futur, 27100 Val De Reuil
France
We recommend the customer uses a delivery service that provides a tracking number. Without a tracking number, we cannot accept any returns.
Moreover, so that your return is processed as soon as possible, we advise you to also report it by email to info@HOLIDERMIE.com
If the returns request is refused by HOLIDERMIE, it will then be returned to the customer with no charge and they will receive no refund or exchange.
11. Non-compliance of products and hidden defects
The provisions of this article are without prejudice to the right of withdrawal provided for in Article IX.
Pursuant to applicable legal provisions, the Products enjoy the legal guarantees of compliance provided for by Articles L.211-4 et seq. of the French Consumer Code and hidden defects provided by Articles 1641 et seq. of the Civil Code.
The Customer has a period of two (2) years from the delivery of Products to act as a legal guarantee of compliance or lack of hidden defects.
Products will be returned, in accordance with the return procedure referred to in Article IX by writing to the address info. HOLIDERMIE.comin perfect condition for their resale (not used, not consumed, not damaged or not soiled) in their original packaging, together with any accessories (except gift box) and a copy of the invoice.
If the return is accepted, the Customer may request the repair or replacement of the Product, or this is not possible, the resolution of the sale or reduction in the sale price for the Products that are affected by hidden defects.
Return costs will be borne by HOLIDERMIE, which, after being informed of the exercise of the right of withdrawal, will send the Customer information for the return of Products.
12. Responsibilities and guarantees
The User is solely responsible for his Account, which in particular will enable him to manage her/his Orders (current and past), Personal Data, and password.
The Customer is fully responsible for any payment problems. The Customer guarantees HOLIDERMIE that she/he is fully entitled to pay in full for any Order she/he places.
HOLIDERMIE, subjected to an obligation of means, may not be held responsible for:
§Any shortage in stocks that could occur after an Order is placed;
§the partial or total failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, uncontrollable, or external events or if this or failure or improper execution is due to Users or if it unpredictably and insurmountably due to a third party;
§difficulties related to the internet and webhosting and more generally any technical problem that may occur on the Site.
Access to the Site may be interrupted for technical reasons without liability from HOLIDERMIE.
If the liability of HOLIDERMIE were to be incurred for any reason whatsoever, the maximum amount of damages which HOLIDERMIE could be ordered to pay may in no way exceed the amount of the Order.
13. Contact
Address: info@HOLIDERMIE.com or by telephone on +33 1 71 18 14 30
14. Intellectual property
The Site is an intellectual work protected by the intellectual property rights. It is the exclusive property of HOLIDERMIE.
Any reproduction or representation of the Site, or any part thereof, on any media whatsoever, for any purpose, including commercial, is expressly prohibited.
HOLIDERMIE does not control the content, advertising, products or services available on or from sites linked to its Site.
15. Deletion of Account
The Customer may request HOLIDERMIE to delete her/his Account by writing an email to info@HOLIDERMIE.com.
The Account will be deleted two months after the request is received by HOLIDERMIE and will exclude any ongoing Orders.
The Customer will have to retrieve the invoices of her/his Orders before her/his account is deleted.
16. Force Majeure
Neither the Customer nor HOLIDERMIE will be held liable for any default or delay in the execution of the contract which is caused by reasons that are beyond her/his/its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural catastrophes, or even the regulations or acts of any authority or a civil or military act of any self-regulatory body, or wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts carried out by third parties.
- Final provisions
The TOS, Privacy policy and terms of the Order constitute the entire agreement between Users and HOLIDERMIE.
The non-claim by HOLIDERMIE of one of the provisions of these TOS cannot be deemed or construed as a waiver.
If one or more provisions of these TOS are declared invalid, the others will maintain their full force and effect. In this case, the parties shall, if possible, replace this cancelled stipulation by a valid provision corresponding to the essence and purpose of these TOS.
These TOS are governed by French law. The French version of these TOS shall prevail over any other version.
In case of dispute, the non-professional Customer has the possibility of having recourse to mediation or any other alternative disputes resolution.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE REGARDING THE VALIDITY, INTERPRETATION OR EXECUTION OF THESE TOS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS COURT INCLUDING IN THE EVENT OF RECOURSE IN WARRANTY OR MULTIPLE DEFENDANTS.
Privacy
This document deals with the protection of privacy ("Privacy Policy") of the website (the "Site") published by HOLIDERMIE, a simplified joint stock company registered with Trade and Companies Registry of Paris under number 833 521 545, with its headquarters located at 51, avenue Montaigne 75008 Paris (France), represented by its CEO, Mrs. Mélanie HUYNH ("HOLIDERMIE").
The Privacy Policy on Holidermie's website is in compliance with the requirements of the RGPD.
I. Processing Users’ Personal Data
1. Conditions for processing Users’ Personal Data
Users must validate the Privacy Policy when they create an Account and accept it as binding upon them. This Privacy Policy may be modified or updated at any time without notice, except for any stipulations that call for Users’ consent. Terms defined in Capital letters have the meaning given to them in the TOS.
HOLIDERMIE collects and uses Personal Data that Users have spontaneously transmitted to it, which is necessary to place an order, or to receive emails containing information from HOLIDERMIE (newsletters).
Users are required to provide accurate, true and correct personal details and information and to update this data and information whenever necessary so it remains true and complete.
HOLIDERMIE collects and processes Users Personal Data in a fair and lawful manner, while respecting their rights. HOLIDERMIE is responsible for the processing of Personal Data.
The purposes of the Personal Data processing are:
the commercial management of HOLIDERMIE products orders made through the site www.HOLIDERMIE.com,
the sending of emails containing information on news regarding HOLIDERMIE,
business development
analysis of viewers of the Site www.HOLIDERMIE.com or commercial statistics,
organization of games, lotteries and any promotional operation,
management of unpaid invoices or litigation, and
management of reviews.
Under no circumstances does HOLIDERMIE transfer or sell Users’ Personal Data to any third parties.
2. Nature of Personal Data collected by HOLIDERMIE
The Personal Data that may be processed include full names, postal address, email address, phone number (optional) of Clients and Users’ IP address.
3. Personal Data protection, conservation and deletion
Personal Data communicated by the Users is hosted by HOLIDERMIE’s hosting providers.
Users may request that the Account be closed at any time, which will entail deletion of the corresponding Personal Data.
Account deletion will be effective within two (2) months counting from the deletion request and, in any event, after any Order in progress.
HOLIDERMIE conserves Users’ Personal Data during the opening of their Account and deletes it within a maximum five years after the deletion of their Account.
4. HOLIDERMIE communication
HOLIDERMIE may send Users who accepted emails at the address corresponding to their Account, to inform them of Site changes or its activities, or to communicate technical or administrative information.
Under no circumstances will Users receive emails from third-party companies or partners of HOLIDERMIE without their permission.
5. Transfer of Users’ Personal Data
HOLIDERMIE may transfer Users’ Personal Data to service providers such as Shopify, Klaviyo, Google Analytics, Facebook, Instagram, Sendcloud, Crisp, Cegid.
HOLIDERMIE commits not to communicate, sell or transfer the Personal Data to other third parties (aside from its service providers) without the Users’ express agreement, but may communicate it if the law so requires, or upon judicial or government request.
6. Users’ rights over their Personal Data
Pursuant to data protection laws and regulations, HOLIDERMIE informs Users of their right to access, modify, oppose the processing of their Personal Data and to request their deletion, while it is specified that the deletion of their data implies the deletion of their Account, and to obtain communication of it in a structured, readable format (unless legitimately impossible). They also have the right to place a claim with a monitoring authority and to define directives pertaining to their digital testament.
Users may exercise their rights by sending an email to www.HOLIDERMIE.com or by writing a letter to 21, rue de Marignan, 75008 Paris (France).
II. Policy of Cookies used by HOLIDERMIE
1. Cookies
A cookie is a file that can be recorded on the hard drive of Users’ terminals when they consult the Site. These small files may contain, for example, the User’s shopping cart and preferences.
HOLIDERMIE may deposit cookies on Users’ terminals to allow them to navigate the Site under optimum conditions, record Customer profiles and restore their preferences when they are connected, via their usual terminal, to determine the Products consulted or purchased or to generate statistics.
2. Type of Cookies used via the Site
HOLIDERMIE uses cookies:
§for navigation, which are cookies needed for the Site’s technical operation because they optimise the display of the content from each User terminal;
§functional cookies that are not indispensable for Site operation but optimise the Site experience by making it possible to identify Customers and find their shopping cart;
§analytical cookies that make it possible to track Users’ navigation for optimisation purposes. The data collected include in particular the number of visitors and the origin and details of the pages visited. This data helps us to improve the Site, the shopping experience, and the HOLIDERMIE campaigns. HOLIDERMIE uses Google Analytics, an audience measurement provider that:
§collects the following data: source of connections (ISPs), type and version of browser used, browser language, duration of the connection, IP address, etc.;
§stores cookies on the terminals of Users to measure audience levels. The data generated by cookies is transmitted by Google Inc. and is hosted on servers found in the United States. Google Inc. will use this data to assess the Site's use but will not reconcile the IP addresses of users with any other data held by Google Inc. Google Inc. may also transfer this information to third parties, where required by law, or where such third parties process the information on their behalf. For more information about this, Users can consult http://www.google.com/intl/fr/policies/privacy/;
§Marketing and direct targeting cookies and third-party cookies that make it possible to send commercial messages that might interest Users depending on their navigation history. Third-party cookies are those sent by trusted third-party partners.
Users must accept the deposit of cookies on their terminal using the strip provided for this when they access the Site
HOLIDERMIE does not keep cookies to track a User or obtain IP addresses for more than thirteen (13) months after the initial deposit of cookies on a User's terminal.
Users may at any time delete cookies from their browser and set it up to block their registration on their terminals. HOLIDERMIE invites them to refer to the help file of their browser software to establish the appropriate set-up. Rejecting the use of cookies may prevent optimal site navigation.
3. Traffic
Traffic data are generated when the User’s terminal is connected to the web and to the Site.
These data may be used for statistical purposes to analyze Site frequentation and improve it by adapting it to Users’ needs. HOLIDERMIE never uses personal names in traffic data analyses.
Secure payment
The HOLIDERMIE website is fully secured and ensures the information given by our clients remains safe and confidential.
The online store accepts the following credit cards: CB, Visa, Mastercard and American Express.
Banking transactions are processed with 3D Secure, a payment tool set up to certify the credit card user and protect them from any fraudulent use.
The HOLIDERMIE online store does not allow multiple payments.
Listed prices are in Euros VAT (all taxes included) and take into account the VAT applicable on the date of the order. Prices do not include the shipping costs, which will be communicated to you when you place your order.
We reserve the right to modify our prices at any time. The products are billed on the bases of the rates in force at the time the order is validated.
Legal policy
HOLIDERMIE’s e-shop, which is accessible at www.HOLIDERMIE.paris (the "Site"), is created by the company HOLIDERMIE, a joint stock company with a capital of €20.000 registered with the Trade and Companies Registry of Paris under number 833 521 545, whose headquarters are found at 51 avenue Montaigne 75008 Paris (France), represented by its CEO, Mrs. Mélanie HUYNH.
The intra-Community VAT number is FR95 833 521 545.
The director of the site's publications is Mrs. Mélanie HUYNH, CEO of HOLIDERMIE.
To contact HOLIDERMIE you can mail us at: 21, rue de Marignan 75008 Paris (France), email us at: info@HOLIDERMIE.com or call us at +33 1 71 18 14 30.
The Site's technical hosting is provided by Shopify Inc. located at 126 York St. Ottawa, ON K1N 5T5, Canada. Phone number: 1-888-746-7439.
