The present General Terms and Conditions (GTC) are intended to govern the online sale of products of the company KHAÏDEN (hereinafter referred to as the Seller, intra-community VAT No.: FR 02 888 938 487) to any person having the status of consumer (hereinafter referred to as the Buyer, the consumer or the Customer) who places an order through the online shop, accessible at the following address: www.khaidenbijoux.com
Access to the site is free. The present general conditions constitute, with the order form, the contractual documents enforceable between the parties. These general terms and conditions of sale as well as the information mentioned on the site are written in French and subject to French law.

The applicable general terms and conditions of sale are those in force at the date of the order placed by the Buyer. They shall prevail over the Buyer's terms of purchase unless formally accepted in writing by the Seller. Any contrary condition opposed by the Buyer shall, therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention. The Seller reserves the right to modify these general conditions at any time. However, the applicable GTC will always be those in effect on the site at the date of purchase by the consumer.

These GTCs are accessible and freely available on the Seller's website. They can be printed, saved or communicated on request by telephone, mail or e-mail. The conservation and reproduction of these GTCs are undertaken by the Seller.

The fact that the Seller does not avail himself at a given moment of any of the present general conditions of sale cannot be interpreted as a renunciation to avail himself of them at a later date. The potential invalidation or ineffectiveness of one of these clauses will only affect the said clause; the other clauses of the general conditions of sale will retain their full effectiveness.

Seller Information

The products are sold and the site www.khaidenbijoux.com is managed and operated by the company Khaïden EURL, with a share capital of €15,000, registered with the RCS of DAX under the number 888 938 487, whose registered office is located at 54 avenue Simone de Beauvoir 40130 Capbreton (France), represented by its current manager.
Phone number: +33 (0)659273556
OPENING HOURS: Monday to Friday, from 9 am to 5 pm.
The Seller reserves the right to modify these opening hours and invites you to refer to the opening hours indicated on the website for any claim or contact.
There is no hotline on Sundays and public holidays.
E-mail: contact@khaidenbijoux.com
You may contact Customer Service in case of difficulties or for any kind of information within the above-mentioned hours.

Article 6. Available stock

The products are offered for sale and delivered within the limits of available stocks. The Seller endeavours to update the commercial site. However, for logistical reasons, the display of a product on the commercial site does not guarantee that it is available in stock, which the Buyer expressly acknowledges and accepts. The Seller will respond to orders by order of arrival and subject to availability. The Buyer will be immediately informed by the Seller, by any means at his convenience, of the unavailability of the product ordered.

In the event of unavailability of the product, and in the event that the Buyer has already paid for it, the Seller will reimburse the amounts paid for the product within a maximum of 8 days. In the absence of agreement to the contrary, this reimbursement will be made by bank transfer. Apart from the reimbursement of the price of the unavailable product, the Seller is not liable for any cancellation fee. The remainder of the Buyer's order remains firm and final.

Article 7. Prices

The products are supplied at the prices indicated at the time the order is placed. The prices displayed are expressed in euros, including VAT if applicable, excluding additional costs such as delivery and shipping costs and, if applicable, excluding customs duties and/or duties/taxes due under French, European, Community and international regulations, regulations of the importing country and transit countries, which remain the sole responsibility of the Buyer.

The additional costs of shipping, delivery or postage, of which the Buyer may have been aware before validating his/her order are determined on the order form and invoiced in supplement. Unless expressly agreed otherwise, these costs are to be borne by the Buyer and depend in particular on his/her choice of service  and the place of delivery.

Costs that cannot be calculated in advance are due, which the Buyer expressly acknowledges and accepts.

In the event of delivery outside metropolitan France (trade between metropolitan France and the French overseas departments are considered, as the case may be, as imports/exports), or outside the customs territory of the European Union, customs duties, customs fees and other taxes may be due by the Buyer - in addition to the price paid to the Seller - to the competent authorities or, in the event of an advance payment, to the carrier.

Customs and formalities fees may be charged to the Buyer by the carrier.

The Buyer's attention is drawn to the fact that several territories, although attached to European Union member countries, are not part of the customs territory of the European Union. In the same way, VAT rules do not apply to all Territories connected to European Union countries.

The Buyer undertakes to check, with the competent authorities and prior to placing an order, the possibilities, formalities and cost of any taxes, duties and customs charges relating to the import of the product into the country of delivery.

Generally speaking, any tax, duty (in particular customs duties, import duties, etc.), formalities, carrier's administrative fees (in particular customs fees) or other sums to be paid pursuant to French, European, Community or international regulations or those of an importing country and/or a transit country are the sole responsibility of the Buyer and must be paid, in addition to the sale price, by the Buyer to the competent authorities and/or directly to the carrier (in particular in the event of advance payment of these costs by the carrier).

These duties, formalities and sums, which under no circumstances shall be imputed to the Seller, are the sole responsibility of the Buyer.

The Buyer undertakes to carry out, if necessary, all the necessary formalities (in particular concerning any requests for exemption from customs duty, in the event products are returned) with its customs service.

Any claim relating to these costs (customs duties, local taxes, formalities, etc.) must be made to the competent authorities or, where appropriate, to the carrier, without the Seller being liable in this respect. The Seller declines all responsibility on this point.

The Seller reserves the right to modify its prices at any time. The products will be invoiced on the basis of the current prices indicated at the time the order is placed.

Discounts, rebates or markdowns may be granted to the Buyer. They will be subject to special conditions

Article 8. Order

The order specifies in particular the quantity, the type, the references of the products sold as well as the agreed price, the terms of payment, the place of delivery and delivery times .

The acceptance of the offer by the consumer is validated, in accordance with the double-click procedure, by the confirmation of the order.

To place an order, the Buyer must:
- If necessary, proceed to registration on the commercial site. To do so, he/she must complete the registration form by providing accurate information and then validate his/her registration.
- Login / go to the online store;
- Select products and quantities
- Click on "validate my order".
- Identification on the site (if the Buyer has not already done it). In the absence of prior registration, the Buyer's account will be automatically created by filling in the information requested.
- Indicate the address to which the goods will be delivered
- Select the delivery method, if necessary.
- Check the order summary (including order details and total price),
If necessary, modify the order or correct any errors,
- Validate general terms and conditions of sale and privacy policy
- Click on the "validate" button. By clicking on this button, the Buyer confirms the order of the goods contained in his/her virtual basket and accepts the price and description of the products contained in the basket. The Buyer's attention is drawn to the fact that clicking on this button binds himself/herself to pay the sums due to the Seller.
- Proceed to the payment of the order according to the instructions and terms indicated on the site.


An order confirmation as well as the present GTCs will be sent to the e-mail address  provided by the Buyer.

The Buyer undertakes to keep a summary of his order, as proof of his order. Order forms and invoices must be archived and may be produced as proof of the contract.
Orders are final only at the time of receipt, by the Seller, of the order validation by the Buyer.

Unless otherwise agreed, the confirmation of the order implies for the Buyer acceptance of the Seller's terms and conditions of sale and the acknowledgement that he/she is fully aware of them. The benefit of the order is personal to the Buyer and may not be transferred to a third party without the Seller's agreement. Orders transmitted to the Seller are irrevocable for the Buyer, unless formally accepted in writing by the Seller (and except in certain cases, exercise of the right of withdrawal, see article 17). Any modification of an order placed by the Buyer must be expressly accepted by the Seller.

The Buyer's attention is drawn to the fact that no right of withdrawal is granted. In the event of cancellation of the sale, not expressly accepted by the Seller, and except in the case of exercise of the right of withdrawal, where applicable, the Seller reserves the right to request the compulsory enforcement of the sale, and/or the award of damages.

The Seller reserves the right to refuse any order for legitimate reasons and more particularly in the case of abnormally high quantities ordered.
In the event that the Buyer places an order with the Seller without having paid for the previous order(s), or with whom there is a current payment dispute, the Seller shall have the right to refuse to process the order and to deliver the goods, without the Buyer being able to claim any compensation for any reason whatsoever.

In accordance with the terms of Article L223-2 of the French Consumer Code, the Buyer who has provided his/her telephone details is informed that he/she has the right to be registered on the list of opposition to cold calling.

Article 9. Payment

Unless expressly agreed otherwise, the selling price is payable in cash, in full and in one instalment, on the day the order is placed by the Buyer. The payment will be considered final after effective and complete collection of the sums by the Seller.

Payments can only be made by:

Credit card (Carte Bleue, Visa Card, Mastercard) through the bank server of the Seller's bank.
Paypal
Stripe

The Buyer warrants to the Seller that he has the necessary authorizations to pay the orders by means of his payment method.

In the event that payment is refused or proves to be irregular, the contract will be cancelled. The Buyer will assume, where applicable, the burden of any costs arising therefrom.

The Seller has implemented an order verification procedure to ensure that no one uses another person's bank details without his/her knowledge.

Payment by credit card is secured by an encryption system.

No financial data are kept by the site unless otherwise expressly agreed by the Buyer (see privacy policy).

The Seller does not intend to grant any discount for cash payment or at a date earlier than that resulting from the general terms and conditions of sale. The Seller shall not bear the costs of payments from third countries.

The order will be processed only after receipt of payment by the Seller. The Seller is only obliged to deliver the products once its bank has confirmed full payment of the sums owed by the Buyer. The  time taken for fund transfer might extend the delivery time shown on the order form, without this being considered a fault of the Seller.

Each payment is considered final only after effective and complete collection of the sums by the Seller.

Under no circumstances may payments be suspended or be subject to any compensation whatsoever without the prior written consent of the Seller.

The Buyer agrees to receive his/her invoice exclusively in electronic form.

Article 10. Archiving and proof

The computerized records, kept in the Seller's computer systems in total security, will be considered as proof of all communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable support that can be produced as proof.
In accordance with articles L 213-1, D 213-1 and D213-2 of the French Consumer Code, when the contract is concluded electronically with a non-professional and its sum is equal to or greater than 120 €, the Seller shall save the written record for a period of 10 years from the conclusion of the contract until the date of delivery of the goods and for a period of 10 years from the latter, and shall upon request by the Buyer, warrant access to it at any time and by any means.

Article 11. Delivery - reception

11.1 Terms of delivery
The products are delivered, at the choice of the Buyer, at the Post office, at a collection point or at the address indicated by the Buyer, by post, according to the mode of transport or shipping selected, under the conditions chosen. The Seller is authorized to make global or partial deliveries.  The package will be handed over to the Buyer on presentation of an identity document and against signature, or to any person authorised by the Buyer (on presentation of a form of proxy, an identity document of the authorised person and an identity document of the Buyer). The Buyer, or his/her proxy, will be given a delivery note, which will have to be signed, if necessary, after checking the package.
In the event that the Buyer does not take possession of the products and does not show up within 10 days from the notice of availability of the products in the Post office o in the collection point or after the first visit of the carrier/postman, the Buyer will be charged custody fees of 10 € per day.
When the Buyer has not taken possession of the goods, all return costs - by the carrier - to the Seller, and all reshipping costs will be invoiced to the Buyer, even if the Buyer had benefited from free shipping when making his order.

If the product ordered is not delivered on the date or on expiry of the period mentioned in the order (on the order form/invoice), the Buyer, after having unsuccessfully asked the Seller to fulfil its delivery obligation within a reasonable additional period, may cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium. The contract shall be deemed dissolved upon receipt by the Seller of the letter informing him/her of such dissolution, unless it has been executed in the meantime.

The Seller declines all responsibility in the event of delays in delivery caused by a fortuitous event or force majeure, by a third party or by the Buyer, in particular in the event of an incorrect or incomplete address being given. Any package that may be returned to the Seller due to an incorrect or incomplete address will be reshipped at the Buyer's expense.

Depending on the country or territory of delivery, taxes, duties or customs fees may be charged to the Buyer by the carrier who made the advance payment. The Buyer undertakes to pay these costs as well as the related handling fees invoiced by the carrier, in addition to the price paid to the Seller.

11.2 Reception arrangements
The buyer, or his/her representative, undertakes to check the conformity of the products with the order as soon as they are received.

It is up to the Buyer, or his representative, to check the condition of the product delivered and, in the event of any deficiency concerning the delivery (apparent defect, damage, damaged package, missing products or non-conformity of the goods delivered with respect to the ordered product or to the dispatch or delivery note, etc.), to express reservations on the delivery note or the transport receipt, and even to refuse the product, and to notify the Seller within five days of the arrival of the goods.

This verification shall be deemed effective once the Buyer, or a person authorised by him/her, has signed the delivery note without reservation.

The unreserved acceptance of the goods ordered by the Buyer covers any apparent defect and/or missing items.

In case of reservations, it will be up to the Buyer to provide any justification as to the reality of the deficiencies found. The Buyer shall give the Seller the opportunity to proceed with the observation of these defects and to remedy them. The Buyer shall refrain from intervening or having a third party intervene for this purpose.

Article 12. Product returns

Apart from the guarantees listed below, no return of products is accepted. Any product return must be the subject of a formal agreement between the Seller and the Buyer. In the event of non-conformity of the delivery, return costs shall be borne by the Seller. In all other cases, the costs of returning the goods shall be borne by the Buyer.

Article 13. Insurance

The Seller declares having taken out an insurance policy with the company AXERIA IARD (RCS Lyon 352 893 200) 27 RUE MAURICE FLANDIN 69003 LYON, phone number: +33 (0)4 27 46 14 00.
Scope of coverage: Civil Liability after delivery. Consequential bodily injury and consequential intangible damages up to € 5 million per insurance year, limited to € 1.5 million per claim.

Article 14. Transfer of ownership and risks

The transfer of ownership of the products to the Buyer will only take place after effective payment of the full price by the latter. The Buyer shall, until full payment of the goods delivered, ensure their proper conservation. Any risk of loss or damage to the goods is transferred to the Buyer when the Buyer or a third party designated by him/her takes physical possession of the products.

Article 15. Guarantees

The Buyer who concludes the sales contract as a consumer benefits from the legal guarantees provided by the legislation in force in case of product defects. The Buyer is advised that the Seller does not grant any commercial guarantee.

With regard to consumers, the Seller is bound for nonconformities of the products included in the contract under the conditions of articles L.217-4 et seq. of the Consumer Code and for latent defects of the thing sold pursuant to articles 1641 et seq. of the Civil Code, to which the consumer must refer.

Mandatory information:

Art. 1641 of the Civil Code: A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1642 of the Civil Code "A seller is not liable for defects which are patent and which the buyer could ascertain for himself ".

Article 1643 of the Civil Code: " He /she is liable for latent defects, even though he/she did not know of them, unless he/she has stipulated that he/she would not be bound to any warranty in that case ".

Article 1644 of the Civil Code: " In the cases of Articles 1641 and 1643, the buyer has the choice either of returning the thing and having the price repaid to him/her or of keeping the thing and having a part of the price repaid to him/her".

Article 1645 of the Civil Code: " Where the seller knew of the defects of the thing, he/she is liable, in addition to restitution of the price which he /she received from him/her, for all damages towards the buyer".

Article 1646 of the Civil Code: " Where the seller did not know of the defects of the thing, he/she is only liable for restitution of the price and for reimbursing the buyer for the costs occasioned by the sale"

Article 1647 of the Civil Code: " Where the thing which had defects perishes because of its bad quality, the loss falls upon the seller who is liable to the buyer for restitution of the price and other compensations explained in the two preceding Articles. But a loss occasioned by a fortuitous event falls upon the buyer".

Article 1648 of the Civil Code paragraph 1: " The action resulting from latent vices must be brought by the buyer within a period of two years following the discovery of the vice"

Article L. 217-4 of the French Consumer Code: "The Seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. The Seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been charged to him/her by the contract or has been carried out under his/her responsibility".

Article L. 217-5 of the Consumer Code: "The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate:
- 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 Buyer can legitimately expect in view of the public statements made by the Seller, by the producer or by his/her representative, in particular in advertising or labelling ;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the knowledge of the Seller and accepted by the latter".

Article L217-6 of the Consumer Code: "The seller is not bound by public statements made by the producer or his representative if it is established that he/she did not know them and was not legitimately in a position to know them".

Article L217-7 of the French Consumer Code "Any defects of conformity that appear within twenty-four months of 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. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. He/she may not, however, contest conformity by invoking a defect that he/she knew or could not have been unaware of when he entered into the contract. The same applies where the defect has its origin in materials which he/she himself/herself has supplied.

Article L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible to do so, according to the option not chosen by the buyer.

Article L217-10 of the Consumer Code: "If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him/her: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer given the nature of the goods and the use he/she is seeking. However, the sale may not 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 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages".

Article L217-12 of the French Consumer Code: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods".

Article L217-13 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 set out in articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by law".

When acting as a legal guarantee of conformity, the Buyer (having the status of consumer) has a period of two years from delivery of the goods to act. He/she can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code. He/she is exempted from having to provide proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods, except for second-hand goods, for which this exemption is valid for six months (Article L217-7 of the French Consumer Code). The Seller may rebut this presumption.

In general, the legal guarantee of conformity applies independently of the commercial guarantee. However, the consumer is informed that no commercial guarantee is offered by the Seller.

The consumer may decide to implement the guarantee against hidden defects of the thing sold pursuant to Article 1641 of the Civil Code. In this case, he/she can choose between cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

In order to implement the legal guarantee of non-conformity or latent defect, the Buyer must address any complaint to the Seller at the following address:

Mailing address: 54 avenue Simone de Beauvoir 40130 Capbreton (France)
E-mail address: contact@khaidenbijoux.com
Phone number: +33 (0)659273556

Telephone hours : Monday to Friday, from 9 am to 5 pm
There is no hotline on Sundays and public holidays. For any complaint, the consumer will have to submit the paid purchase invoice. Products covered by the guarantees must be returned complete and in their original condition and packaging after reception and confirmation of the claim by the after-sales service. The consumer will be reimbursed for the return postage within thirty days of reception of the product by the Seller.

Article 16. Responsibility

The responsibility of the Seller cannot be engaged in case of non-performance or poor performance of its contractual obligations, due to a case of force majeure, a fortuitous event, to the Buyer's fault or to the fault of a third party.

When the Seller is prevented from executing the contract due to the occurrence of a case of force majeure, a fortuitous event as defined by French case law or due to a foreign cause, in particular a fault attributable to the Buyer, the delivery period mentioned on the order form is automatically extended according to the duration of the impediment.

Article 17. Withdrawal

According to articles L.221-18 et seq. of the Consumer Code, in the event that the contract is concluded at a distance (according to article L 221-1, 1° of the Consumer Code), the Buyer has, under certain conditions, a period of fourteen (14) clear days from reception of the goods to exercise his/her right of withdrawal without having to justify his/her reasons or incur costs other than those provided for in articles L 221-23 to L 221-25 of the Consumer Code. In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is phased over a defined period, the period runs from reception of the last good or lot or the last part.
In accordance with Council Regulation No 1182/71/EEC of 3 June 1971 determining the rules applicable to periods, dates and time limits :
1° The day on which the contract is concluded or the day on which the goods are received is not counted within the period mentioned in Article L. 221-18 of the French Consumer Code;
2° The period shall begin at the beginning of the first hour of the first day and shall end at the end of the last hour of the last day of the period;
3° If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
In order to exercise this right, the Buyer must notify the Seller by registered letter with acknowledgement of receipt at the address indicated on the order form, of the products covered by the withdrawal, his/her name, postal address, telephone number and e-mail address, as well as his/her decision to withdraw from the contract by means of an unambiguous statement. He/she may, but is not obliged to, use the model withdrawal form at the end of this document.

In the event of withdrawal by the Buyer, the Buyer must return, at his/her own expense, the good(s) concerned in their original packaging complete and intact, and in perfect condition to the Seller's registered office, whose address is indicated on the order form, without undue delay and, in any event, no later than fourteen days after having communicated his/her decision to withdraw. The Buyer shall bear the cost of returning the goods in the event of withdrawal. The Buyer shall also bear the cost of returning the goods if the goods cannot normally be returned by post because of their nature.

Where the right of withdrawal is exercised, the Buyer will be refunded the full amount paid to the Seller at the latest when the goods are actually recovered (by the Seller) or when the Buyer provides proof of the shipment of the goods, whichever is earlier. If the Seller offers the Buyer to collect the goods himself/herself, the Buyer will be reimbursed within 14 days from the date on which the Seller is informed of this withdrawal decision. The Seller shall make this refund using the same means of payment as that used by the Buyer for the original transaction, unless the Buyer expressly agrees to use another means of payment and provided that the refund does not cause any costs to the Buyer.
The Seller is not obliged to reimburse additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

The Buyer may be held liable in the event of depreciation of the goods resulting from handling other than that necessary to ascertain the nature, characteristics and proper functioning of the goods. This handling corresponds to the handling that a consumer can carry out in a store, with the goods offered for sale there.

For more information on the right of withdrawal, please refer to the articles of the Consumer Code, transcribed in the withdrawal form available at the end of the GTCs.

For a potential request for reimbursement of customs charges relating to the order, the Buyer must contact the competent authorities (customs service) or, where appropriate, the carrier who has taken care of these formalities. In particular, it will be incumbent upon him/her to provide proof of reshipment of the purchase.

However, the Buyer is advised that no right of withdrawal exists for sales contracts relating to products made to the Buyer's specifications or clearly personalised (engraving, etc.).

More generally, Article L221-28 of the Consumer Code provides that "The right of withdrawal cannot be exercised in the case of the following contracts:

1° Provision of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express renunciation of his right to withdrawal
2° Supply of goods or services whose price depends on fluctuations on the financial market which are beyond the control of the trader and which are likely to occur during the withdrawal period.
3º Supply of goods made to the consumer's specifications or clearly personalised
4° Supply of goods likely to deteriorate or to expire rapidly
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
6° Supply of goods which, after having been delivered and due to their nature, are inseparably mixed with other items
7º Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader's control;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him/her, within the limit of the spare parts and work strictly necessary to meet the emergency;
9º Supply of audio or video recordings or computer software once they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, a periodical or a magazine, except for subscription contracts for such publications;
11° Concluded at a public auction;
12º Provision of accommodation services, other than residential accommodation, transportation services, car rentals, restaurant services or recreational activities that must be provided on a specific date or during a specific period;
13° Supply of digital content not provided on a physical medium whose performance has begun after prior agreement

 The Buyer therefore has no right of withdrawal for products made to the Buyer's specifications or clearly personalised (engraving, etc.).

Article 18. Personal data

The user is informed that personal data concerning him/her is collected by the Seller and that he/she has, under the conditions and within the limits set by the European General Data Protection Regulation (GDPR), a right of access, rectification and deletion of his/her data, a right of opposition and limitation of the processing relating to his/her person, to refuse to be subject to an individual automated decision having legal effects concerning or affecting him (except where such a decision is necessary for the conclusion or performance of a contract or is legally authorised), a right to the portability of his data, to withdraw at any time the consent he has expressed, without this having any consequences for the lawfulness of the data processing based on the consent given prior to withdrawal, to give instructions as to the fate of his personal data in the event of his death.

The user is informed that personal data concerning him/her will be collected and that he/she has, under the conditions and within the limits set by the European General Data Protection Regulation (GDPR), a right of access, rectification and deletion of his/her data, a right to oppose and limit the processing relating to his/her person, to refuse to be subject to an automated individual decision producing legal effects concerning or affecting him/her (except when this decision is necessary for the conclusion or performance of a contract or is legally authorised), a right to the portability of his/her data, to withdraw his/her consent at any time, without this having any consequences for the lawfulness of the data processing based on the consent given prior to withdrawal, to give instructions as to the fate of his/her personal data in the event of death.

These rights may be exercised at any time by post to the following address: SARL UNIPERSONNELLE KHAÏDEN 54 avenue Simone de Beauvoir 40130 Capbreton (France)or by electronic means to the following email address: contact@khaidenbijoux.com specifying the address to which the reply should be sent. For security reasons and to avoid any fraudulent request, this request must be accompanied by proof of identity with the signature of the holder of the document.

The Buyer has the right to lodge a complaint with a control authority: CNIL 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

For further information on the processing of personal data and the ways of exercising the aforementioned rights, please see our privacy policy on our dedicated page.

Article 19. Applicable law - Election of domicile

The contractual relations between the Seller and the Buyer are exclusively subject to French law.

The Buyer shall elect domicile at the address indicated at the time of placing the order, and all notifications must be sent there, unless the Buyer notifies the Seller in advance of his/her change of address.

Article 20. Disputes - Mediation

In case of discrepancy between the GTCs written in English and those written in French, the latter will prevail.
Only the French Courts will be competent to deal with this dispute.
In accordance with the provisions of the Consumer Code (article L 612-1 of the Consumer Code and following articles), the Buyer who has the status of consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of the dispute between the Buyer and the Seller. To this end, the Seller guarantees the Buyer effective recourse to a consumer mediation system (membership with SAS MEDIATION SOLUTION registered under number 1642/2010). 

In the event of a dispute, the Mediator chosen for this purpose is :

SAS MEDIATION SOLUTION CONSOMMATION (RCS BOURG EN BRESSE n°832 869 564),
Website : https://sasmediationsolution-conso.fr

To refer to the mediator, the consumer must submit/her his request:

-    Either in writing to :
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Phone : +33 (0)4 82 53 93 06

-    Or by email to : contact@sasmediationsolution-conso.fr

- Or by filling out the online form entitled "Referral to the mediator" on the website https://www.sasmediationsolution-conso.fr

Whichever means of referral is used, the request must imperatively contain :

- The postal, telephone and electronic contact details of the claimant,
- The name, address and registration number at Sas Médiation Solution, of the professional concerned,
- A brief statement of the facts. The consumer will specify to the mediator what he or she expects from the mediation and why,
- A copy of the prior claim,
- All documents required to process the claim (purchase order, invoice, proof of payment, etc.).

A dispute may not be examined by the Consumer Mediator when the consumer does not justify having previously made an attempt to resolve his/her dispute directly with the trader by means of a written complaint in accordance with the arrangements provided for, where applicable, in the contract; when the request is manifestly unfounded or unfair; when the dispute has previously been examined or is being examined by another mediator or by a court; when the consumer has submitted his request to the mediator more than one year after his written complaint to the trader; when the dispute does not fall within the mediator's field of competence (article L 612-2 of the Consumer Code).
Before any mediation, the consumer must submit a written complaint directly to the trader. To be accepted, the request for mediation must be submitted within one year from the date of this written complaint (Article L 612-2 1° and 4° of the Consumer Code).
The Buyer remains free to accept or refuse the recourse to mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.
However, mediation of consumer disputes shall not apply to the following :
1° Disputes between traders;
2° Complaints made by the consumer to the trader's customer service department;
3° Direct negotiations between the consumer and the trader;
4° Attempts at conciliation or mediation ordered by a court dealing with a consumer dispute;
5° Proceedings brought by a trader against a consumer.

In addition, the Buyer is informed that according to Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes :

« 1.   Traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the ODR platform. That link shall be easily accessible for consumers. Traders established within the Union engaging in online sales or service contracts shall also state their e-mail addresses.
2.   Traders established within the Union engaging in online sales or service contracts, which are committed or obliged to use one or more ADR entities to resolve disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform for resolving their disputes. They shall provide an electronic link to the ODR platform on their websites and, if the offer is made by e-mail, in that e-mail. The information shall also be provided, where applicable, in the general terms and conditions applicable to online sales and service contracts.
3.   Paragraphs 1 and 2 of this Article shall be without prejudice to Article 13 of Directive 2013/11/EU and the provisions on consumer information on out-of-court redress procedures contained in other Union legal acts, which shall apply in addition to this Article.
4.   The list of ADR entities referred to in Article 20(4) of Directive 2013/11/EU and its updates shall be published in the ODR platform.
5.   Member States shall ensure that ADR entities, the centres of the European Consumer Centres Network, the competent authorities defined in Article 18(1) of Directive 2013/11/EU, and, where appropriate, the bodies designated in accordance with Article 14(2) of Directive 2013/11/EU provide an electronic link to the ODR platform.
6.   Member States shall encourage consumer associations and business associations to provide an electronic link to the ODR platform.
7.   When traders are obliged to provide information in accordance with paragraphs 1 and 2 and with the provisions referred to in paragraph 3, they shall, where possible, provide that information together.
The link of the ODR platform is the following:      
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR

Article L221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his/her right of withdrawal from a distance contract, following a telephone call or off-premises contract, without having to give reasons for his/her decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph shall run from the day of: 1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4 ;
2° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him/her, for contracts of sale of goods. For off-premises contracts, the consumer may exercise his/her right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is phased over a defined period, the period shall run from receipt of the last good or lot or the last part.
For contracts providing for the regular delivery of goods over a defined period, the period shall run from the receipt of the first item.

Article L221-19 of the Consumer Code
In accordance with Council Regulation No 1182/71/EEC of 3 June 1971 determining the rules applicable to periods, dates and time limits :
1° The day on which the contract is concluded or the day on which the goods are received shall not be counted in the time limit mentioned in Article L. 221-18; 2° The time limit shall begin at the beginning of the first hour of the first day and shall end at the end of the last hour of the last day of the time limit;
3° If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it shall be extended until the first following working day.

Article L221-20 of the Consumer Code
Where the information relating to the right of withdrawal has not been provided to the consumer under the conditions laid down in 2° of Article L. 221-5, the withdrawal period is extended by twelve months from the expiry of the initial withdrawal period, determined in accordance with Article L. 221-18. However, where the provision of this information takes place during this extension, the withdrawal period expires at the end of a period of fourteen days from the day on which the consumer received this information.

Article L221-21 of the Consumer Code
The consumer shall exercise his/her right of withdrawal by informing the trader of his decision to withdraw by sending, before the expiry of the period provided for in Article L. 221-18, the withdrawal form mentioned in 2° of Article L. 221-5 or any other unambiguous statement expressing his/her wish to withdraw. The trader may also allow the consumer to fill in and submit online the form or declaration provided for in the first paragraph. In this case, the trader shall, without delay, provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium.

Article L221-22 of the Consumer Code
The burden of proof of the exercise of the right of withdrawal under the conditions laid down in Article L. 221-21 shall lie with the consumer.

Article L221-23 of the Consumer Code
The consumer shall send back or return the goods to the trader or to a person designated by the trader without undue delay and at the latest within fourteen days from the day on which he/she communicates his/her decision to withdraw in accordance with Article L. 221-21, unless the trader offers to collect the goods himself.
The consumer shall only bear the direct costs of returning the goods, unless the trader has agreed to bear those costs or has failed to inform the consumer that those costs are to be borne by him/her. However, for off-premises contracts, where the goods are delivered to the consumer's home at the time of the conclusion of the contract, the trader shall collect the goods at his/her own expense if they cannot be returned by post in the normal way because of their nature.
The consumer may only be held liable in the event of depreciation of the goods resulting from handling different from the necessary handling to establish the nature, characteristics and proper functioning of those goods, provided that the trader has informed the consumer of his/her right of withdrawal in accordance with 2° of Article L. 221-5.

Article L221-24 of the Consumer Code
Where the right of withdrawal is exercised, the trader shall reimburse the consumer for the full amount paid, including the delivery costs, without any undue delay and at the latest within fourteen days from the day on which he/she is informed of the consumer's decision to withdraw. For contracts for the sale of goods, unless the trader offers to collect the goods himself/herself, the trader may postpone the reimbursement until he/she has collected the goods or until the consumer has provided proof of the dispatch of those goods, whichever is the earlier. The trader shall make the refund using the same means of payment as the one used by the consumer for the original transaction, unless the consumer has expressly agreed to use another means of payment and provided that the refund does not give rise to any costs for the consumer. The trader shall not be required to reimburse the additional costs if the consumer has expressly chosen a more expensive means of delivery than the standard means of delivery offered by the trader.



Article L221-25 of the Consumer Code
If the consumer wishes the provision of a service or a contract mentioned in the first paragraph of Article L. 221-4 to begin before the end of the withdrawal period mentioned in Article L. 221-18, the trader shall collect his/her express request by any means for contracts concluded at a distance and on paper or on a durable medium for off-premises contracts. A consumer who has exercised his/her right to withdraw from a contract for the provision of services or from a contract mentioned in the first paragraph of Article L. 221-4 whose performance has begun, at his/her express request, before the end of the withdrawal period shall pay the trader an amount corresponding to the service provided until the communication of his/her decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount shall be calculated on the basis of the market value of what has been provided.
No sum is due by the consumer who has exercised his/her right of withdrawal if his/her express request has not been collected in accordance with the first paragraph or if the trader has not complied with the obligation to provide information pursuant to Article L. 221-5, paragraph 4.

Article L221-26 of the Consumer Code
A consumer who has exercised his/her right of withdrawal from a contract for the supply of digital content not supplied on a physical medium shall not be required to pay any sum if :
1° The trader has not obtained his/her prior express agreement to the performance of the contract before the end of the withdrawal period and has not provided evidence of having waived his/her right to withdraw from the contract.
(2) The contract does not include the information provided for in the third paragraph of Article L. 221-9 and the second paragraph of Article L. 221-13.

Article L221-27 of the Consumer Code
The exercise of the right of withdrawal shall terminate the obligation of the parties either to perform the distance or off-premises contract or to conclude it where the consumer has made an offer.
The exercise of the right of withdrawal from a distance contract or an off-premises contract shall automatically terminate any ancillary contract, at no cost to the consumer other than those provided for in Articles L. 221-23 to L. 221-25.

Article L221-28 of the Consumer Code
The right of withdrawal may not be exercised for contracts: 1° Provision of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express renunciation of his right to withdrawal
2° Supply of goods or services whose price depends on fluctuations on the financial market which are beyond the control of the trader and which are likely to occur during the withdrawal period.
3º Supply of goods made to the consumer's specifications or clearly personalised
4° Supply of goods likely to deteriorate or to expire rapidly
5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
6° Supply of goods which, after having been delivered and due to their nature, are inseparably mixed with other items
7º Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the trader's control;
8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him/her, within the limit of the spare parts and work strictly necessary to meet the emergency;
9º Supply of audio or video recordings or computer software once they have been unsealed by the consumer after delivery;
10° Supply of a newspaper, a periodical or a magazine, except for subscription contracts for such publications;
11° Concluded at a public auction;
12º Provision of accommodation services, other than residential accommodation, transportation services, car rentals, restaurant services or recreational activities that must be provided on a specific date or during a specific period;
13° Supply of digital content not provided on a physical medium whose performance has begun after prior agreement.