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General terms and conditions of use and sale

Preamble

The present General Terms and Conditions of Use and Sale establish the rights and obligations of Seller and Buyer in the framework of a sale carried out on any product of the Sophie d’Agon Joaillerie© brand offered for sale on the jewelry website at the address www.sophiedagon.com. Any person wishing to use the website www.sophiedagon.com or to place an order on this website is requested to read these General Terms and Conditions of Use and Sale. Any order placed on the website www.sophiedagon.com shall give rise to the acceptance of these General Terms of Use and Sale. The present General Terms of Use and Sale apply between:

  • the company SOPAXED, French limited liability company («société par actions simplifiée ») with a registered capital of 20.000 €, registered at the Companies Registry of PARIS under number B 830 886 131, and which registered office is located 100, Rue d’Aboukir, 75002 PARIS, duly represented by its’ legal representative (“Président”) Ms. Sophie LEPOURRY (hereinafter referred to as the “Company” or the “Vendor”, and
  • any person wishing to consult the website www.sophiedagon.com or to place an order thereon in a strictly personal framework. Such person must be at least eighteen years of age (18) and shall furthermore have full legal capacity to enable him or her to contract under the terms of these present General Terms of Use and Sale (hereinafter referred to as the “Customer” or the “Buyer”).

Both such parties being hereinafter referred to together as the “Parties” and individually as a “Party”.

I — Definitions

Company or Vendor: shall mean the company SOPAXED.
Customer or Buyer: shall designate any physical person who does not exercise a commercial activity and who has the legal capacity to contract and wishes to purchase one or more articles.
General Terms and Conditions of Use and Sale : shall mean the present document.
Identifier: shall mean the e-mail address which is necessary in order to identify the Customer in order to access his account.
Password : shall mean the succession of characters that the Customer is obliged to keep secret and which, along with his Identifier, enables him to access his account.
Paypal: shall mean the safe payment system provided by the company SOPAXED.
Stripe : shall mean the safe payment system provided by the company SOPAXED.
Website : shall mean the website  www.sophiedagon.com.

II — Subject of the general conditions

These General Terms and Conditions of Use and Sale define the rights and duties of the Parties within the framework of the on-line sale of products offered by the Company under the brand Sophie d’Agon Joaillerie© to the Customer, from the order to the delivery, including payment and the use of services offered by the Company. The Customer declares that he accepts without any reservation the terms of the order as well as the whole of the present General Terms and Conditions of Use and Sale.

III — Use and accessibility of the website

By using this Website and placing orders upon it, the Customer accepts to:

  • Make consultations or place orders that are legally binding;
  • Not place false or fraudulent orders. If the Company has reason to believe that such an order has been placed, it shall be entitled to cancel it and to inform the relevant authorities;
  • Provide the Company with his correct and exact electronic address, postal address and/or other details. In addition, the Customer authorizes the Company to use this information in order that the Company may contact the Customer in relation to his order.

By placing an order on this Website, the Customer declares that he has the legal capacity to enter into a binding contract.
The Website is open to all users of the internet network and in principle accessible 24 hours a day, 7 days a week, except for interruptions, foreseen or not, by the Company or its’ providers, for the purpose of its’ maintenance or in case of an Act of God (as defined hereinafter).
The Company shall not be liable for any damage of any nature whatsoever, resulting from the unavailability of the Website.
The Company does not warrant that the Website shall be free from anomaly, error or bug, nor that the Website shall function without incident or interruption. It may determine freely and at its’ entire discretion any period of unavailability of the Website or of its’ content.
The Company shall not be held liable for problems in the transmission of data, of connexion or of availability of the network.

IV — Creation of an account

In order to place an order, the Customer may first create an account regrouping his information.
By creating his account, the Customer accepts these General Terms and Conditions.
The registration of the Customer on the Website is validated by the Company after verification of the standard form filled in by the Customer.
All the areas figuring on the form to create an account shall be filled in, with the exception of those indicated as being optional.
The Customer shall receive an e-mail confirming his registration.
At the time of creation of his account, the Customer shall check the exact and complete nature of the information that he has supplied.
The Customer shall keep his personal information updated at all times.
In order to allow the Customer to access his account, the Customer shall indicate his identifier and the password that he has chosen when creating his account and which he is obliged to keep secret.
The Customer shall refer to article XVII of this document to find out more about the protection of personal data at the time of their collection, as well as his legal rights.
In case of a mistake in the addresses of the Customer, the Company shall not be held liable for any impossibility to deliver the products.

V — The products

All the products for sale in the on-line store www.sophiedagon.com are those on the Website at the date of the visit by the Customer and subject to availability.
Each product is the subject of a precise description, including the photograph, the price, the sizes and the main characteristics.
However, the information, characteristics and photographs presented on the Website or in electronic messages sent by the Company are only provided as indications and therefore have no contractual value.
In particular, any difference in the perception of the forms and colours between the photographs and designs presented and the products shall not render the Company liable in any way.
However, the Company shall endeavor to represent and describe as faithfully as possible the products sold on its’ Website.
Due to the specificity of the internet network, the Company does not represent on its’ Website that all products shall be available in real time.
In the case of temporary or definitive unavailability of a product, the Company shall inform the Customer through the Website or by sending an e-mail to a valid address provided by the Customer.
The Company shall make its’ best efforts to guarantee to the Customer as precise and correct information as possible in the on-line catalogue Sophie d’Agon Joaillerie ©.
The size of the visuals is optimized so that Customers may see all the details of certain products. They may appear bigger or smaller than they are in reality. Given that every computer is configured differently, the colour may also vary.
Given the hand-crafted nature of the Sophie d’Agon Joaillerie© jewelry, the real weight of the product may differ slightly from the weight indicated on-line, according to the variety of the product ordered and the chosen size. This is specifically the case regarding gold rings, which weight fluctuates according to the finger size and the colour of gold alloy chosen.
Given the hand-crafted nature of the Sophie d’Agon Joaillerie© jewelry, the number of carats and the shade of the stones may very slightly vary from the description of the products made on line.

VI — Availability of the products

All orders of products are subject to availability.
To this effect, in the event of sourcing difficulty or if the products are no longer in stock, the Company reserves the right to inform the Customer of the possibility to order replacement products of identical or higher quality and value, at the entire and sole discretion of the Company.
If the Customer does not wish to order such replacement products, the Company shall inform, within a reasonable time, the company STRIPE or the company PAYPAL (according to the platform chosen by the Customer to proceed to the payment of the order) of the necessity to reimburse the amount paid by the Customer.
It should be specified that the Company shall not bear any liability in the event of any delay in the reimbursement of the price paid, as this may only be made by the companies STRIPE and PAYPAL.
In case of difficulties, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full .

VII — Orders

Customers may access the Sophie d’Agon Joaillerie© jewelry catalogue by going directly to the website www.sophiedagon.com.
The Customer may access the presentation of the brand Sophie d’Agon Joaillerie© and its’ know-how by clicking the thumbnail “About”. They may also consult the list of shops which commercialize the jewelry of the brand Sophie d’Agon Joaillerie© by clicking on the thumbnail “sales outlets”.
The complete list of outlets will appear, with all useful details in order to visit or contact them.
The Sophie d’Agon Joaillerie© catalogue offers a range of hand-crafted jewelry in gold and precious or semi-precious stones.

To browse the catalogue, the Customer may use several filters to sort his searches by different criteria:

  • from the oldest to the most recent (date of addition to the Website) / from the most recent to the oldest;
  • the nature of the metal of the jewelry (white gold / yellow gold) etc.;
  • the color of the stones);
  • the price (400 / 400-800 / 800-1,200 / 1,200-2,000 / 2,000 € and above);
  • by rising/falling price of the products; and
  • by collection (Georgia / Yellowstone / Miniflower etc…).

The catalogue is presented like a brochure that shows several items on the same page.
For each item, a small-format photograph, the name of the item and the price appear.
If the Customer clicks on the photograph of an item, the Website redirects him to the detailed form of the selected item. This detailed form allows the Customer to access other photographs of the item, a descriptive text, the reference number of the product as well as other details such as the medium, the colour, the stones used, their number, their size and their number of carats.
The Customer may share the detailed form of a particular item on social network by clicking on the Facebook, Twitter or Pinterest logos under the reference of the item.
The choice of the size of the item is necessary to continue placing the order. A guide of sizes is provided to the Customer in order to help him to find the correct size of product. It is specified that this guide is provided only as an indication. Under no circumstances shall the Company be held liable for any mistake or error contained in the guide of sizes, as it is not of a binding nature.
When the Customer clicks on the chosen size, the Website indicates whether that size is available or not. In case of unavailability of the product in the chosen size, the Customer has the possibility to send a message to the Company by clicking on the banner “Contact us”.
For the rings, the Company offers sizes between forty-eight (48) to sixty (60). It is also possible, upon specific request of the Customer, to order custom-sized rings of a size smaller than forty-eight (48) or larger than sixty (60).
If the product is available in the chosen size, the Customer may add it to his cart.
Once the product has been added to the cart, the Customer may either continue to browse the catalogue and add further products to the cart, or access the summary of his order.
The cart summarises the products chosen by the Customer as well as the prices and costs related to them.
The Customer may modify the cart freely before validating his order.
The Customer shall thereafter choose a delivery mode, for which the relative costs are indicated.
Before validating the order, the Customer shall have the possibility to create an account of he so wishes.
In such a case, the Customer shall refer to the provisions of article IV of these General Terms and Conditions of Use and Sale.
If the Customer already has an account, he shall indicate his Identifer and Password in order to access it.
If the Customer does not wish to create an account, he shall be obliged to provide certain information (e-mail address, delivery address, full name) in order to enable the Company to perform its’ duties (confirmation notice, delivery, etc…), and the Company shall not keep a record of this information.
The validation of the order is proof of the acceptance by the Customer of the General Terms and Conditions of Use and Sale, of the purchased products, of their price and all associated costs thereof.
A confirmation e-mail, summarising the order (products, prices, availability of the products, quantity…) shall be sent to the Customer by the Company.
To this end, the Customer specifically accepts the use of electronic mail for the purposes of confirmation by the Company of the contents of the order.

VIII — Prices

The prices of the Sophie d’Agon Joaillerie© brand jewelry are stated in Euros, including all taxes.
The applicable Value Added Tax is that in force in metropolitan France, on the day of the order.
The prices indicated do not include delivery costs necessary to ship the products to their destination.
These costs are invoiced in addition and are expressly indicated before final validation of the order.
For all products shipped out of the European Union, the price shall be calculated before tax on the invoice. Customs duties, other local taxes, import duties or state taxes may be due. These duties and amounts are not attributable to the Vendor and are not his liability. They shall be entirely paid by the Buyer and shall be under his entire responsibility, both in terms of declarations and of payments to the competent authorities and organizations.
Due to a strong dependency of the price of the jewelry on the rate of precious metals, the Company may modify the prices at any moment and without prior notice. The prices of the on-line jewelry www.sophiedagon.com may increase or decrease and no date guaranteeing a stable price shall be given regarding the products sold on the Website.The applicable price for an order is the price validated at the moment of placing an order and shall not be negotiated further.

IX — Terms of payment

Upon acceptance of the order by the Company, the Customer agrees to pay to the Company the whole payment amount.
If this is not the case, the order shall not be prepared.
The order shall be paid by STRIPE or by PAYPAL.
The Customer’s bank details are known only to STRIPE or to PAYPAL and do not pass through the server of the Website.
The information regarding the Customer’s order are treated automatically by the company STRIPE or the company PAYPAL.
This automatic treatment aims to prevent banking-card fraud.
In the case of non-payment following fraudulent use of a bank card or an irregular declaration, the details related to the order shall be recorded on an incident file belonging to the company STRIPE or the company PAYPAL.
The Customer may consult the general terms and conditions of STRIPE by using the following link: https://stripe.com/fr/privacy.
The Customer may consult the general terms and conditions of PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full .
The payment terms and conditions are defined by the STRIPE and PAYPAL platforms.
The Company shall not be liable for any incident of whatever nature that could arise due to the STRIPE or PAYPAL platforms. The Buyer shall refer directly to the platform that he has chosen in order to make payment of the order in this case.

X — Transfer of title

The Vendor shall retain title to the products until complete payment thereof by the Buyer. Transfer of title of the products to the Buyer shall occur at the moment of complete payment of the price.

XI — Delivery and schedules

The products ordered are sent to the delivery address indicated by the Customer at the time of placing the order, on condition that this address is located in the authorised delivery zones, detailed in the offer for sale.
In case of error or omission of the Customer in the communication of the delivery address, the Company shall not be liable for the impossibility to deliver the ordered products.
Delivery shall be made by DHL, express post or courier service.
The Company shall make its best efforts to deliver the products ordered within the time frame indicated.
In order to respect these delivery times, the Customer shall ensure that he has communicated exact and complete information regarding the delivery address (such as, in particular: street, building and staircase number, access codes, names and/or numbers on intercom, etc.)
However, these delivery times are merely indicative and may vary according to the contingencies of supply, logistics and other events for which the Company is not liable.
In case of an Act of God, as defined hereunder in article XVI, delivery shall be postponed to a later date after ceasing of the event, without the Customer being able to claim any indemnification of any kind, for any damage whatsoever.
In the event that the Company shall take charge of delivery of the product, the risk of loss or deterioration of the product is transferred to the Customer at the moment of delivery.
In any event, the Company shall not be liable for any delay in shipping and any of its’ possible damaging consequences.
In the event of shipping difficulties for which the delivery service chosen by the Customer at the time of his order are liable, the Company shall not be liable and the Customer shall deal directly with the delivery service.

XII — Liability

All the items and jewelry of the Sophie d’Agon Joaillerie© brand offered for sale on the on-line selling site www.sophiedagon.com meet the requirements of French law.
The liability of the Company for repairable damage shall not give rise to repair exceeding the cost of the last purchase.
The Company shall not be liable for any content of other websites towards which the Company may have directed the Customer. These websites are solely liable for the content that they edit.
Before any use of the Website, the Customer shall ensure that his computer equipment is compatible and has necessary security against viruses or other software that could lead to loss of data or material damage.
There is no guarantee that the Website is free from error, unavailability of any element or content, nor free from virus that could cause damage. In the event of an error that has been signalled, the Company shall endeavor to correct it as soon as possible.
The Company shall not be liable in case of allergy or any other physical reaction observed on a person wearing the products of the Sophie d’Agon Joaillerie© brand.
More generally, the Buyer shall be liable for all use of the products of the Sophie d’Agon Joaillerie© brand. The Company shall be in no way liable in case of damage caused by abnormal or dangerous use of the jewelry sold by it.

XIII — Legal warranties

All items offered for sale by the Company are subject to the legal warranty described in articles 1641 and following of the French Civil Code and also meet the requirements regarding fitness for use of articles L211-4 and following of the French Consumer Code.

XIII.1 - APPARENT DEFECTS

The Customer shall check the state of the package at the time of delivery and shall notify the transporter of any anomaly (hole, deterioration, flattened shape…) before signing the delivery note.
Each product is shipped by the Company in perfect state. Any anomaly regarding delivery (damage, missing items as compared to the delivery documents, damaged packaging, broken items…) shall be imperatively indicated on the delivery note in the form of hand-written reservations, along with the Customer’s signature.
The Customer shall also confirm this anomaly by addressing a registered letter with receipt requested to the transporter, setting forth the claims, within two (2) working days of the delivery date.
The Customer shall send a copy of this letter to the Company by e-mail, also within two (2) working days, to the following address: contact@sophiedagon.fr. No item damaged during delivery may be exchanged if no reservation has been made at the moment of receipt of the package.
Upon expiration of this period and if this procedure is not followed, the products shall be deemed to be free of all apparent defect and no claim shall be validly accepted by the Company.
If the apparent defect is characterized, the product shall be returned by the Customer, in its’ original packaging along with all certificates, new, within fourteen (14) days of the date of sending the e-mail making the initial claim.
The Company shall proceed to the replacement of the product at its’ own cost and shall pay the delivery costs thereof, subject to availability of the product, within fifteen (15) days from the receipt of the damaged item.
In case of unavailability of the product, the Company shall inform the company STRIPE or the company PAYPAL, according to the platform chosen by the Customer to proceed to the payment of the order in a reasonable time period starting from its’ receipt of the damaged item, of the necessity to refund the amount paid by the Customer.
It is expressly noted that the Company shall not be liable for any delay whatsoever in the refund of the price paid, the companies STRIPE and PAYPAL being solely entitled to make this refund.
In the event of any difficulty, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy, or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full.

XIII.2 - NON-CONFORMITY AND HIDDEN DEFECTS

With the exception of the validation of unfitness for use or a hidden defect by the Company or the manufacturer as the case may be, the Customer shall have the following guarantees:

  • the legal warranty of fitness for use under which he may obtain, within two (2) years from the delivery of the product and without bearing any costs thereof, the repair or replacement of the product if it does not comply with the order.

This warranty applies to defects in the product and the packaging.
In order to implement this warranty, the product shall be returned, in its’ original packaging and its’ original state, along with the invoice.
Upon receipt of the unfit product, the Company may proceed to its replacement at its’ own cost and shall also pay for the delivery costs.
If the replacement is not possible within one (1) month from the time of the claim or if the Customer makes an express and motivated claim therefor, the Customer may request a refund of the price of the product.
In the event of a refund of the price, the Company shall inform the company STRIPE or the company PAYPAL, according to the platform chosen by the Customer to proceed to the payment of the order, within a reasonable time from receipt of the unfit item, of the necessity to proceed to a refund of the amount paid by the Customer.
It is expressly stated that the Company shall not be held liable for any possible delay in the refund of the price paid, the companies STRIPE and PAYPAL being solely entitled to make this refund.
In case of any difficulties, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy, or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full .

  • the legal warranty relating to hidden defects, under which the Customer may request, within a period of two (2) years from his discovery of the defect, the refund of a product which revealed its’ unfitness for use.

The warranty against hidden defects entitles the Customer to have protection against hidden defects of the purchased product that prevent it from being used or affect it in such a way that the Customer would not have purchased it.
The Customer has the choice between two options: to keep the product and claim a price reduction, or to return the product and claim a price refund.
In the event of a price refund or reduction, the Company shall inform the company STRIPE or the company PAYPAL, according to the platform chosen by the Customer to proceed to the payment of the order, within a reasonable time from receipt of the unfit item, of the necessity to proceed to either:

  • a total refund of the amount paid by the Customer, or;
  • the refund of the difference between the price paid and the reduction in price.

It is expressly stated that the Company shall not be held liable for any possible delay in the refund of the price paid, the companies STRIPE and PAYPAL being solely entitled to make this refund.
In case of any difficulties, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy, or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full .
In order to implement this warranty, the product shall be returned, in its’ original packaging, in its’ original state, along with the invoice.
For all practical purposes, the following legal provisions are reminded (freely translated from the French Civil Code and Consumer Code):

Article L. 211-4 of the Consumer Code: « the Vendor is obliged to deliver goods corresponding to the contract and shall answer for the defects of conformity existing at the time of delivery. He is liable also for the defects of conformity resulting from the packaging, the assembly instructions or the installation when he is contractually in charge of these or they have been realised under his responsibility. »

Article L. 211-5 of the Consumer Code: « In order to be fit for use under the contract, the goods shall : 1° Be fit for the use generally expected of similar goods and, if applicable : a) corresponding to the description given by the seller and possessing the qualities that he has presented to the customer in the form of samples or models ; b) presenting the qualities that a customer shall legitimately expect given the public statements made by the seller, the manufacturer or his representative, in particular in advertising or labelling. 2° Or shall present characteristics defined by mutual agreement of the parties or be fit for any special use sought by the customer, brought to the knowledge of the seller and that he has accepted. »

Article L. 211-7 of the Consumer Code: « The defects that appear within six months from the delivery of the goods are presumed to exist at the time of delivery, except where there is proof of the contrary. The seller may refute this legal presumption if it is not compatible with the nature of the goods or the defect claimed. »

Article L. 211-10 of the Consumer Code: « If the repair and the replacement of the goods are impossible, the buyer may return the goods and obtain a refund of the price or keep the goods and obtain a partial refund of the price. The same possibility is available to him:

1° If the requested solution, offered or agreed in application of article L.211-9 cannot be implemented within one month from the claim made by the buyer;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, given the nature of the goods and the use that he wants to make of them. Rescission of the sale may not be pronounced if the defect is minor. »

Article L. 211-12 of the Consumer Code: « Any action resulting from a defect in conformity is statute-barred two years after delivery of the goods. »

Article 1641 of the Civil Code: « The seller is obliged to guarantee against hidden defects of sold goods which render them unfit for the use for which they are destined, or which restrict such use so much that the client would not have bought them, or would have paid a lower price for them if he had known. »

Article 1648 paragraph 1 of the Civil Code: « The claim for defects rendering the goods unfit for use shall be statute-barred two years after the date of discovery of the defect. »

XIV — Right to revoke the contract

Any non-professional customer is entitled to revoke the contract by virtue of article L.221-18 of the French Consumer Code, which states as follows (freely translated from French) :

The consumer has a period of fourteen days to exercise his right to revoke a contract concluded at distance, following telephone prospection or outside premises, without having to motivate his decision nor be liable for any costs other than those listed in article L.221-23 to L.221-25.

The fourteen-day period referred to in paragraph 1 shall start from the date:
1° of the conclusion of the contract, for services contracts and those mentioned in article L.221-4;
2° of the receipt of the goods by the consumer or a third party, other than the transporter, appointed by him, for contracts of sales of goods. For contracts concluded outside premises, the consumer is entitled to exercise his right to revoke starting from the conclusion of the contract.

In the event of an order for several items shipped separately or in the event of an order comprising several units or multiple parts, which shipment is spread over a defined period of time, the period starts from receipt of the last item or unit.
For contracts regarding regular shipping of goods during a precise period, the period starts from the date of the first delivery.

The right of revocation is exercized without any penalty.
Prior to the exercise of right of revocation, notice shall be sent by e-mail to the following address: contact@sophiedagon.fr.
In the event of use of this right by the Customer, the product shall be returned to the Company within fourteen (14) days, starting from the day after receipt of the product by the Customer.
Upon expiry of this fourteen (14) day period, the sale is definitive.
The product shall be returned in its’ original packaging, in its’ original state, along with the invoice. If a small tie is attached to the product, it must not be removed, otherwise no refund shall be made.
Upon receipt of the product, the Company shall inform the company STRIPE or the company PAYPAL, according to the platform chosen by the Customer to proceed to the payment of the order within a reasonable time, of the necessity to proceed to a refund of the amount paid by the Customer.
It is expressly stated that the Company shall not be held liable for any possible delay in the refund of the price paid, the companies STRIPE and PAYPAL being solely entitled to make this refund.
In case of any difficulties, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy, or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full.
According to the terms of article L221-28 of the Consumer Code, the right to revoke the contract shall not apply to rings which have been ordered in sizes smaller than forty-eight (48) or larger than sixty (60), for the reason that they are custom-made products made to the Customer’s specifications.

XV — Exchange and refund

The Customer has fourteen (14) days from the receipt of the product to exchange it, subject to availability, on condition that the exchanged product is of a total amount less than or equal to the returned product. The product shall be returned, in its’ original packaging, in its’ original state, with the invoice. If a small tie is attached to the product, it must not be removed or the exchange shall not be made.Upon receipt of the product the Company shall replace it at its’ own cost and shall pay for the delivery costs. This right to exchange the product shall not apply to rings which have been ordered in sizes smaller than forty-eight (48) or larger than sixty (60), for the reason that they are custom-made products made to the Customer’s specifications.
The Customer also has fourteen (14) days from the receipt of the product to request a refund from the Company.
In this case, the Customer shall return the product bought to the Company, in its’ original packaging, in its’ original state, with the invoice. If a small tie is attached to the product, it must not be removed or the refund shall not be made.
In the event of a request for a refund, the Company shall inform the company STRIPE or the company PAYPAL, according to the platform chosen by the Customer to proceed to the payment of the order, within a reasonable time from the receipt of the product, of the necessity to proceed to a refund of the amount paid by the Customer.
It is expressly stated that the Company shall not be held liable for any possible delay in the refund of the price paid, the companies STRIPE and PAYPAL being solely entitled to make this refund.
In case of any difficulties, the Customer may refer to the general terms and conditions of the company STRIPE by using the following link: https://stripe.com/fr/privacy, or those of the company PAYPAL by using the following link: https://www.paypalcom/fr/webapps/mpp/ua/useragreement-full .
This right to refund of the price shall not apply to rings which have been ordered in sizes smaller than forty-eight (48) or larger than sixty (60), for the reason that they are custom-made products made to the Customer’s specifications.

XVI — Act of god

The Company shall not be liable if it is unable to perform its’ contractual obligations, or if their performance is delayed by occurrence of an Act of God, resulting from an unforeseeable, irresistible and unavoidable extraneous event.
In particular, in case of fire, climatic events, natural disasters or any other incident causing total or partial destruction of the company, a general strike, absence of motor force or of raw materials resulting from a general cause.
In the event of an Act of God, delivery shall be postponed to a later date after the Act of God has ceased, without this giving rise to any claim of damages or of any sort by the Customer.
If the event of an Act of God lasts longer than four (4) weeks, each party shall be entitled to cancel the contract by registered letter, receipt requested, without any cost.
In this case, the Company shall return any sums of money paid by the Customer at the placing of the order, exclusive of any other amounts due by the Company to the Customer.

XVII — Personal data

As provided in the law n° 78-17 of January 6, 1978 relating to information technology, files and freedom, the Website has been declared to the CNIL (National Commission of Information and Freedom – “Commission Nationale Informatique et Libertés”).
The Company shall treat all personal data communicated by the Customer as confidential and shall not use them for any other use than to fulfil the order and to pursue ongoing commercial relations.
This data shall never be shared with third parties or re-sold.
Lastly, banking information is never in the possession of the Company.
All transactions are entirely treated by STRIPE or PAYPAL, at the choice of the Customer.
Lastly, the Customer is informed that under the provision of articles 38 and following of the law of January 6, 1978 relating to information technology, files and freedom, all user has a right to access, to correct and to oppose personal date regarding him, by sending written and signed notice thereof, as well as a copy of his identity papers bearing a signature, and providing details of the address to which the response should be sent.
The Buyer may exercize this right at any time, either by informing the Company in writing at the following postal address: SOPAXED, 100, Rue d’Aboukir, 75002 PARIS, or by contacting the Company at the electronic mail address contact@sophiedagon.fr.

XVIII — Hypertext links and cookies

The Website www.sophiedagon.com contains a certain number of hypertext links to other site, set up either with or without the permission of the Company SOPAXED. However, the Company SOPAXED is not able to check the content of the sites visited through these links and shall therefore not bear any liability for these visits.
Navigation on the Website www.sophiedagon.com may give rise to the installation of cookie(s) on the user’s computer.
A cookie is a small file, which does not allow the user to be identified, but that saves data regarding the navigation of a computer on a site. The data thus obtained aim to facilitate further navigation on this site and may also provide various browsing information measurements. The refusal to install a cookie may entail the impossibility to use certain services. The user may however configurated his computer in the following manner, in order to refuse the installation of cookies: 

  • Under Internet Explorer: tolls thumbnail (cog-wheel pictogram at the top right) / internet options. Click on Confidentiality and select Block all cookies. Validate with Ok.
  • Under Firefox: at the top of the navigation window, click on Firefox, then go to the Options thumbnail. Click on the thumbnail Private life. Set the saving rules on : use personalised parameters for the history. Lastly, deselect to deactivate cookies.
  • Under Safari: Click at the top right of the navigator on the menu pictogram (symbolised by a cog-wheel). Select Parameters. Click on Show advanced parameters. In the section « Confidentiality », click on Content Parameters. In the section « Cookies », you can block cookies.
  • Under Chrome: Click at the top right of the navigator on the pictogram of the menu (symbolised by three horizontal lines). Select Parameters. Click on Show advanced parameters. In the section « Confidentiality », select preferences. In the thumbnail « Confidentiality » you can block cookies.

XIX — Intellectual property / Transfer of rights

All texts, comments, images and photographs of products reproduced on the Website www.sophiedagon.com are the exclusive property of the Company and are protected by copyright.
The name and the brand-name Sophie d’Agon Joaillerie ©, the logos, drawings and design patents, stylized characters, figurative trademarks and all signs represented on the platform are and shall remain the exclusive property of the Company.
The jewelry of the Sophie d’Agon Joaillerie © brand are also protected by copyright by reason of their originality.
No title nor any right whatsoever over any element or software shall be obtained by downloading or copying elements from the Website www.sophiedagon.com.
The Customer is expressly forbidden from reproducing (except for his personal at non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting or adding to the Website and to the elements and software that it contains, no more than he may modify them or use them as the basis of any work, nor sell nor participate in any sale related to the Website, the elements of the Website or any software relating thereto.
The Company grants to the Customer a non-exclusive licence to use the Website. This licence is strictly personal and shall not be transferred in any situation to any third party. This licence is granted for the duration of use of the Website.
The Website may contain inks to other sites which are not edited nor controlled by the Company, which may not be considered liable for the functioning, the content or any other element present or obtained through use of these sites. The implementation of any such links or the reference to any information, articles or services supplied by a third party cannot any shall not be interpreted as an express or implied recommendation by the Company of these sites or of these elements or of their content.
Any questions or comments related to another internet site shall be addressed to the operators of these sites. No link to the present platform is authorized without the express prior written consent of the Company.
Any use by the Customer of the company names, trademarks, brand names or distinctive signs belonging to the Company is strictly prohibited except in case of express prior consent by the Company.

XX — Modification of the general terms and conditions

The Company reserves the right to modify all or part of these General Terms and Conditions at any moment and without notice.
The General Terms and Conditions of Sale and Use applicable are those which are applicable on the Website on the day to the order placed by the Customer.
Any modification shall be inapplicable to prior orders placed by the Customer and confirmed by the Company.

XXI — Applicable law, out of court conlict resolution and competent jurisdiction

These General Terms and Conditions are subject to French law.
If any one or more provisions of herein are considered invalid by a law or regulation, or declared invalid by a definitive decision of a competent jurisdiction, they shall be reputed to have not been written, all other provisions shall remain in force and cover the same scope.
In the event of a disagreement between the Customer and the Company related to the quality, the scope or the details of a service, the Customer shall give notice to the Company thereof by registered letter with receipt requested. Immediately upon receipt of this notice and within fifteen (15) days, the Company is obliged to propose an amicable settlement of this disagreement to the Customer. In case this attempt fails or in the absence of response of the Company, the Customer shall be entitled to bring his claim before the competent jurisdictions.
Consequently, the Customer is obliged to follow the amicable procedure before bringing his claim to any jurisdiction, this mediation attempt being a condition of validity of the Customer’s legal action.
Any litigation between the Company and a Customer, whether related to the formation, the execution, the interpretation, the validity, the termination or resolution of these General Terms of Sale and Use shall be brought before the jurisdictions under the Paris Court of Appeal and ruled by French Law. The rules applicable to consumer law shall apply.

XXII – Superiority of the general terms and conditions of use and sale in the french language

These General Terms and Conditions of Use and Sale have been translated into the English language, for an international clientele.
However, in case of contradiction between the French and English versions, the Customer is informed that the French language version shall prevail.

Conception, design, development and packshots
General credits
Models : Marine Simon & Laura Addams
Photography : Clément Cauvet