Recital

These Terms and Conditions of Use and Sale allow to know the rights and obligations of the Seller and of the Buyer in the context of a sale that took place within all the products of the brand Sophie d'Agon Joaillerie©, available on the online jewelry website at the following address  www.sophiedagon.com.
Any person wishing to use the website www.sophiedagon.com or to place an order is asked to read these Terms and Conditions of Use and Sale. Any order placed on the website www.sophiedagon.com means that these Terms and Conditions of Use and Sale have been accepted.
These Terms and Conditions of Use and Sale shall apply between:

  • SOPAXED, SAS (simplified joint stock company) with a capital of €23,089, registered in the Trade and Companies Register of PARIS under the number 830 886 131, whose registered office is located at 62 rue de Saintonge, 75003 PARIS, represented by its President, Mrs. Sophie LEPOURRY (hereinafter referred to as the “Company” or the “Seller”), and
  • any natural person who wishes to visit the website www.sophiedagon.com or place an order for a strictly personal use. The natural person must be at least eighteen (18) years old and must have full legal capacity to be able to be bound by these Terms and Conditions of Use and Sale (hereinafter referred to as the “Client” or the “Buyer”).

These two are referred to together as the “Parties” and individually as a “Party”.

I – Glossary

Client or Buyer: refers to any non-trading natural person with the capacity to contract and wishing to purchase one or more items.

Terms and Conditions of Use and Sale: refers to these Terms and Conditions.

Username: refers to the email address required to identify the registered Client in order to access his/her account.

Password: refers to the succession of characters that the registered Client must keep secret in order to access his/her account along with the Username.

PayPal: refers to the secure payment system offered by SOPAXED.

Stripe: refers to the secure payment system offered by SOPAXED.

 

ALMA: refers to the secure payment system offered by SOPAXED providing payment in three installments without charge.

 

Website: refers to www.sophiedagon.com

Company or Seller: refers to the SOPAXED Company.

 

II — Purpose of the Terms and Conditions

The purpose of these Terms and Conditions of Use and Sale is to define the rights and obligations of the Parties in the context of the online sale of the products offered to the Client by the Company under the brand Sophie d'Agon Joaillerie©, from the order to the delivery, through the payment and the use of the services made available by the Company. The Client declares that he/she accepts without reservation the terms of the said order as well as the entirety of these Terms and Conditions of Use and Sale.

The fact that the Seller does not, at a given time, apply any provision of the terms and conditions of sale may not be interpreted as a waiver of the right to subsequently apply any of the said terms and conditions. 

The invalidity of a contractual clause does not entail the invalidity of the terms and conditions of sale. The fact for the Seller not to apply, temporarily or permanently, one or more clauses of the terms and conditions of sale shall not constitute a waiver of the other clauses of the terms and conditions of sale which shall continue to apply.

III — Use and accessibility of the website

By using this website and placing orders on it, the Client undertakes to:

  • visit the website or place orders in a legally valid way;
  • not to place false or fraudulent orders. If the Company has reasons to believe that an order of such a nature has been placed, it shall be entitled to cancel the order and inform the relevant authorities;
  • provide the Company with its correct and accurate email address, mailing address and/or other contact details. Likewise, the Client authorizes the Company to use such data for the Company to contact the Client in relation to the order.

By placing an order on this Website, the Client states that he/she has the legal capacity to contract.
The Website is open to all users of the Internet network and is in principle accessible 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by the Company or its service providers, for the purposes of its maintenance or in the event of force majeure (as defined herein).
The Company shall not be held responsible for any damage, of whatever nature, resulting from the unavailability of the Website.

The Company does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will function without breakdown or interruption. In this respect, it may freely determine at its own discretion any period of unavailability of the Website or its content.
The Company cannot be held responsible for data transmission problems, connection problems or network unavailability.

IV — Creation of an account

In order to place an order, the Client may first create an account containing his/her details.
By creating an account, the Client accepts these Terms and Conditions of Use and Sale.
The Client's registration on the Website is validated by the Company after verification of the standard form filled in by the Client.
All the fields in the account creation form must be filled in, except for the fields indicated as optional.
The Client will receive an email confirming the registration.
When creating his/her Account, the Client must ensure the accuracy and completeness of the data he/she provides.
The Client is required to keep his/her personal information up to date.
In order to allow the Client to access the account, the Client will have to indicate his/her username and password which he/she will have chosen at the time of the creation of the account and which he/she will have to keep secret.  
To learn more about the protection of personal data at the moment of their collection, processing and use as well as their rights, the Client may refer to Section XVII hereof.
In case of error in the wording of the recipient's contact details, the Company shall not be held responsible for the impossibility of delivering the products.

V — The products

All the products offered on the online store  www.sophiedagon.com are those appearing on the Website on the day of the visit of the Client and within the limit of available stocks.
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 the emails sent by the Company are given for information purposes only and therefore have no contractual value.
In particular, the Company cannot be held responsible for any difference in the perception of shapes and colors between the photographs or graphics presented and the actual products.
However, the Company shall endeavor to represent and describe as accurately as possible the products sold on its Website.
Due to the specificity of the Internet network, the Company does not guarantee on its website the availability of all the jewels in real time.
In the case of temporary or definitive unavailability of one of the jewels, the Company will inform the Client through its website or by sending an email to a valid email address provided by the Client.
The Company makes every effort to ensure that the information provided to the Client on the Sophie d'Agon Joaillerie© online catalog is as accurate and correct as possible.
The size of the visuals is optimized so that Clients can see the details of certain products. These may appear larger or smaller than they actually are. As each computer is configured differently, the color may also vary.
Due to the handcrafted nature of Sophie d'Agon Joaillerie© jewelry, the actual weight of the product may differ slightly from the weight indicated online depending on the product variant ordered and the size chosen. This is particularly true for gold rings whose weight fluctuates according to the size of the finger and the color of the gold alloy chosen.
Given the handcrafted nature of Sophie d'Agon Joaillerie© jewelry, the caratage and the color of the stones may vary slightly from the description of the products offered on line.

VI — Availability of the products

All product orders are subject to availability.
In this sense, in the event of supply difficulties or if the products are no longer in stock, the Company reserves the right to inform the Client about the possibility of ordering replacement products of the same or higher quality or value at the Company's discretion.
If the Client does not wish to order these replacement products, the Company undertakes to inform STRIPE, PAYPAL or ALMA (depending on the platform chosen by the Client to pay for the order) within a reasonable time of the need to refund the amount paid by the Client.
It should be noted that the Company cannot be held responsible for any delay in the reimbursement of the price paid, as STRIPE, PAYPAL or ALMA are the only companies authorized to do so.
In case of difficulties, the Client may refer to the terms and conditions of STRIPE through the following link: https://stripe.com/fr/privacy or to those of PAYPAL through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-

VII — Orders

Clients can access the Sophie d'Agon Joaillerie© jewelry catalog by going directly to the website www.sophiedagon.com.
The Client can access the presentation of the Sophie d'Agon Joaillerie© brand and its know-how by browsing the “About Us” tab. They can also find out about the different stores selling Sophie d'Agon Joaillerie© jewelry by clicking on the “Our Stockists” tab.
The complete list of stores will appear, with all the useful information to get there or to contact them.
The Sophie d'Agon Joaillerie© catalog offers a range of handcrafted jewelry using gold, precious stones and fine stones.
To browse the catalog, the Client can use the features of the Website.

The catalog is presented as a brochure that displays several pieces of jewelry on the same page.
For each piece of jewelry, a small photo, the name of the jewelry and the price appear.
If the Client clicks on the picture of a jewel, the Website sends him/her to the detailed sheet of the selected product. This detailed sheet allows the Client to access other photos of the jewel, a descriptive text, the product reference number, and other details such as the material, the color, the stones used, their number, their size, and the caratage. 
The Client has the possibility to share the detailed description of a jewel on social networks by clicking on the Facebook, Twitter or Pinterest logos displayed below the product reference.
The choice of the size of the jewel is required to proceed with the order. A size guide is available to help the Client find the right size of the product. It is specified that this size guide is given to the Client as a strict indication. The Company shall in no way be held responsible for any error contained in the size guide, as it has no contractual value.
When the Client clicks on the desired size, the Website indicates whether this size is available or not. In case of unavailability of the jewel in the selected size, the Client has the possibility to send a message to the Company by clicking on the “Contact us” banner.
For rings, the Company offers sizes ranging from forty-eight (48) to sixty (60). It is also possible, upon specific request from the Client, to order custom-made rings in sizes smaller than forty-eight (48) or larger than sixty (60).
If the product is available in the selected size, the Client can add it to his/her shopping cart.
Once the product has been added to the cart, the Client can either continue to browse the catalog and add other products to the cart or access the order summary.
The cart summarizes the products chosen by the Client as well as the related prices, costs and delivery schedules.
The Client may freely modify the cart before validating his/her order.
The Client will then have to choose a delivery mode, for which the related costs will be indicated.
Before the validation of the order, the Client will have the opportunity to create an account.
In this case, the Client must refer to the provisions of Article IV of this document.
If the Client already has an account, the Client shall indicate his/her Username and Password to access it.
If the Client does not wish to create an account, he/she must provide certain information (email address, delivery address, first and last name) to enable the Company to fulfil its obligations (confirmation email, delivery, etc.), it being specified that this information will not be kept by the Company.
The validation of the Order confirms the Client's acceptance of the Terms and Conditions of Use and Sale, of the products purchased, of their price as well as of the associated costs. 
The Company will send a confirmation email summarizing the order (products, prices, product availability, quantity, etc.) to the Client.
To this end, the Client formally accepts the use of email for the confirmation by the Company of the content of its order.

VIII — Price

The prices of Sophie d'Agon Joaillerie© jewels are indicated in Euros, all taxes included.


The applicable value added tax is the one in force in metropolitan France on the day of the order.

The Company undertakes to pay all costs and taxes (including shipping costs, import taxes, customs clearance procedures and customs fees) relating to the Order, regardless of the chosen transportation means.


The indicated prices include the delivery charges necessary for the delivery of the orders.
Considering the strong dependency of the prices of the available jewels with the price of the precious metals, the Company can modify the prices at any time and without notice. Therefore, the prices of the online jewelry  www.sophiedagon.com may vary upwards or downwards without a date being able to guarantee the continuity of the prices of the products sold on the Website.
The applicable price for an order is the price validated at the time of the order placement and cannot be the subject of any negotiation.

IX — Terms of Payment

Upon acceptance of the order by the Company, the Client agrees to pay the Company the full amount of the payment.
Failing that, the order will not be processed.
The payment of the order is made, at the choice of the Client, using STRIPE or PAYPAL.
The Client's banking data are only known to the STRIPE establishment or the PAYPAL establishment and do not pass through the web server of the www.sophiedagon.com
 website. The information concerning your order is subject to automated data processing by the STRIPE Company or the PAYPAL Company.
This automated data processing aims at fighting against bank card fraud.
The occurrence of an unpaid order following fraudulent use of a bank card or an irregular declaration leads to the registration of the details relating to the order on a payment incident file of the STRIPE Company or the PAYPAL Company.
The Client may consult the terms and conditions of STRIPE through the following link:  https://stripe.com/fr/privacy.
The Client may consult the terms and conditions of PAYPAL through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full
The payment methods are defined by the said STRIPE, ALMA or PAYPAL platforms.
The Company cannot be held responsible for any incident whatsoever, which would intervene because of these STRIPE, ALMA and PAYPAL platforms. The Buyer shall therefore refer directly to the platform he/she has chosen to proceed with the payment of the order.

X — Retention of Title Clause

The Seller retains ownership of the products until full payment is received from the Buyer. The transfer of ownership of the creations to the Buyer is made at the time of the full payment of the price.

XI — Delivery and delivery schedules

The ordered products are sent to the delivery address indicated by the Client at the moment of his/her order, provided that this address is included in the authorized delivery zones, specified in the sales offer.
In case of error or omission by the Client in the communication of the delivery address, the Company shall not be held responsible for the impossibility of delivering the ordered products.
Delivery will be made by DHL, FEDEX, colissimo or courier, it being understood that in the event of heavy traffic, these service providers reserve the right to use subcontractors.
The Company undertakes to make every effort to deliver the products ordered within the indicated deadlines.
In order for these deadlines to be met, the Client must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

However, it is specified that these deadlines are indicated as an indication and may vary according to the hazards of supply, logistics and other facts not attributable to the Company.
In the event of force majeure as defined in Section XVI hereof, delivery shall be postponed to a later date after the force majeure event has ceased, without the Client being able to claim any compensation for any prejudice whatsoever.

XII — Responsibility

All the articles and jewels of the brand Sophie d'Agon Joaillerie© available on the site of online sale of jewels www.sophiedagon.com are in conformity with the French legislation.
The responsibility of the Company for a recoverable damage could not involve a repair of an amount higher than the value of the last purchase.
The Company cannot be held responsible for any contents of external websites towards which the Company could have directed the Client. These sites are solely responsible for the content they publish.
Before using the Website, it is the Client's responsibility to ensure that his/her computer equipment is compatible and has the necessary security against viruses or other programs that could cause a loss of data or material damage.
There is no guarantee that the Website is free of errors, unavailability of all elements and content, or free of viruses that could cause damage. In case of reported errors, the Company will do its best to correct them as soon as possible.
The Company cannot be held responsible in case of allergy or any other bodily reaction observed on a person wearing Sophie d'Agon Joaillerie © brand products.
In general, the Buyer assumes all responsibility for the use of Sophie d'Agon Joaillerie© brand products. The Company will not be held responsible in case of damages linked to an abnormal or dangerous use of the sold jewels. 

XIII — Legal guarantees

All the articles offered by the Company are subjected to the legal guarantee provided for in Articles 1641 and following of the French Civil Code and also address the legal guarantee of conformity of Articles L 211-4 and following of the French Consumer Code.

XIII.1 — Apparent defects

Upon delivery, the Client has an obligation to check the condition of the package and to notify any anomaly (holes, damaged, crushed packages ...) to the carrier before signing the delivery note.
All products are shipped by the Company in perfect condition. Any anomaly concerning the delivery (damage, missing items compared to the delivery note, damaged package, broken items...) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the signature of the Client.
The Client must also confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days following the date of delivery setting out the said claims.
The Client must send a copy of this letter to the Company by email to the following address: eshop@sophiedagon.com. Any item damaged during transportation cannot be exchanged if no reservation has been notified upon receipt of the package.
After this period of time and failing respecting this formality, the products will be considered free of any apparent defect and no claim will be validly accepted by the Company.
If the apparent defect is characterized, the product must be returned by the Client, in its original packaging and in its original condition accompanied by the certificates, new, within thirty (30) days from the sending of the complaint email. 
The Company undertakes to replace the product at its own expense and to bear the delivery costs subject to available stocks within fifteen (15) days of receiving the defective product.
In the event that the product is unavailable, the Company undertakes to notify STRIPE, PAYPAL or ALMA (depending on the platform chosen by the Client to pay for the order) of the need to proceed with a refund of the amount paid by the Client within a reasonable period of time following receipt of the defective product.
It should be noted that the Company shall not be held responsible for any delay in the reimbursement of the price paid, as the STRIPE or PAYPAL companies are the only ones authorized to do so.
In the event of difficulties, the Client may refer to the terms and conditions of STRIPE through the following link: https://stripe.com/fr/privacy, or to those of the PAYPAL company through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-

XIII.2 — Non-conformity and hidden defects

Subject to the validation of a non-conformity or a hidden defect by the Company or the manufacturer as the case may be, the Client benefits from the following guarantees:

  • the legal guarantee of conformity which allows him/her to obtain, within two (2) years of delivery of the Product and free of charge, the repair or replacement of the Product if it does not conform to the Order.

This guarantee covers defects regarding the conformity of the product and its packaging.
In order to implement this guarantee, the product must be returned in its original packaging, in its original condition, along with its invoice.
Upon receipt of the non-conforming product, the Company may proceed with its replacement at its own expense and bear the delivery costs.
If the replacement is impossible within one (1) month following the complaint or if the Client issues a justified request, the Client may request a refund of the product price.
In the event of a refund of the price, the Company undertakes to inform STRIPE, ALMA or PAYPAL (depending on the platform chosen by the Client to pay for the order) of the need to refund the amount paid by the Client within a reasonable period of time following receipt of the non-conforming product.
It should be noted that the Company cannot be held responsible for any delay in the reimbursement of the price paid, as STRIPE, ALMA or PAYPAL are the only companies authorized to do so.
In the event of difficulties, the Client may refer to the terms and conditions of the STRIPE company through the following link: https://stripe.com/fr/privacy, or to those of the PAYPAL company through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-

  • the legal guarantee of hidden defects, under which the Client may request, within a period of two (2) years from the discovery of the defect, the reimbursement of a product that has proven to be unfit for its purpose.

The warranty for hidden defects allows the Client to be protected against hidden defects in the purchased product that prevent its use or affect it to such an extent that the Client would not have purchased it.
Then, the Client has the choice between two options: keep the Product and ask for a reduction of the price, or return the Product and ask for a refund of the price paid.
In the event of a refund of the price or a reduction of the price, the Company undertakes to inform STRIPE, ALMA or PAYPAL (depending on the platform chosen by the Client to pay for the order) within a reasonable period of time from the date of receipt of the defective Product that they need to proceed with either :

  • a full refund of the amount paid by the Client;
  • a refund of the difference between the price paid and the price reduction.

It should be noted that the Company shall not be held responsible for any delay in the reimbursement of the price paid, as STRIPE, ALMA and PAYPAL are the only ones authorized to do so.
In the event of difficulties, the Client may refer to the terms and conditions of the STRIPE company through the following link:  htps://stripe.com/fr/privacy , or to those of the PAYPAL company through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-
In order to implement this guarantee, the product must be returned in its original packaging, in its original condition, along with its invoice.

For all intents and purposes, we remind you of the following legal provisions:

Article L. 217-4 of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was its responsibility according to the contract or it has been carried out under its responsibility.

 

Article L. 217-5 of the Consumer Code

The good is in accordance with the contract:

If it is fit for the purpose 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 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 its representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

 

 

 

 

 

Article L. 217-7 of the Consumer Code

Lack of conformity that appear within twenty-four months from the delivery of the goods is 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 challenge this presumption if it is not compatible with the nature of the goods or the claimed lack of conformity.

 

Article L. 217-8 of the Consumer Code

The buyer is entitled to demand the conformity of the good to the contract. However, the buyer cannot contest the conformity referring to a defect that was already known or that could not be ignored when he/she contracted. The same applies when the defect originates in materials that the buyer supplied itself.

 

Article L. 217-9 of the Consumer Code

In case of lack of conformity, the buyer chooses between repairing or replacing the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. It is then obliged to proceed, unless it is impossible, according to the method the buyer did not choose.

 

Article L. 217-10 of the Consumer Code

If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him/her:

1° If the solution requested, proposed or agreed upon 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 L. 217-11 of the Consumer Code

The provisions of Articles L. 217-9 and L. 217-10 shall apply without any cost for the buyer. These same provisions do not prevent the awarding of damages.

 

Article L. 217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.

 

Article L. 217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him/her at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

 

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he/she had known about them.

 

Article 1643 of the Civil Code

The seller is held responsible for hidden defects, even if it did not know about them, unless, in this case, it has stated that it will not be obliged to any guarantee.

 

Article 1644 of the Civil Code

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price returned, or keeping the item and having part of the price returned.

 

Article 1648 paragraph 1 of the Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

 

XIV — Right of withdrawal

Any non-professional consumer has a right of withdrawal under Article L. 221-18 of the Consumer Code reproduced below:

The consumer has a period of fourteen days to exercise his/her right of withdrawal from a contract concluded at a distance, following a telephone canvassing or off-premises, without having to give reasons for his/her decision or to bear any 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:
1° Of the conclusion of the contract, for contracts for the provision of services 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 carrier, designated by him/her, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his/her right of withdrawal as of the conclusion of the contract.

In the case of an order for multiple goods delivered separately, or in the case of an order for a good consisting of multiple lots or parts delivered over a specified period of time, the time period shall begin upon receipt of the last good or lot or part.
For contracts providing for the  regular delivery of goods over a defined period of time, the period shall begin upon receipt of the first good.

The right of withdrawal shall be exercised without penalty.

The use of the right of withdrawal must be notified in advance by sending an email to the following address: contact@sophiedagon.fr and via the withdrawal form below: 

 

 

WITHDRAWAL FORM

 

Return service

 

I hereby notify you of my withdrawal from the contract for the following service/product:

 

Ordered on:

Purchase order number: 

Name of the client:

Address of the client:

 

Signature of the client:

 

Date:

 

The Company offers the Client a right of withdrawal extended to 30 days instead of the legal 14 days. 

As with all personalised orders, this creation will be made for you and you alone. We cannot exchange or refund it.


In case of use of this right by the Client, the product must be returned to the Company within 30 days, the period starting the day after receipt of the product by the Client.
After this period of 30 days, the sale is considered firm and final.
The product must be returned in its original packaging, in its original condition, along with its invoice. If a small cord is attached to the product, it must not be removed, otherwise the refund cannot be made.
Upon receipt of the product, the Company undertakes to notify, within a reasonable period of time, STRIPE, ALMA or PAYPAL (depending on the platform chosen by the Client to pay for the order) of the need to refund the amount paid by the Client.
It should be noted that STRIPE and PAYPAL may not be held responsible for any delay in the reimbursement of the amount paid, as STRIPE, ALMA and PAYPAL are the only companies authorized to do so.
In the event of difficulties, the Client may refer to the terms and conditions of the STRIPE company through the following link: https://stripe.com/fr/privacy, or to those of the PAYPAL company through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-
In accordance with Article L.221-28, 3° of the French Consumer Code, the right of withdrawal cannot be exercised for rings ordered in sizes smaller than forty-eight (48) or larger than sixty (60), insofar as these are custom-made items according to the Client's specifications. 

 

XV — Exchange and refund

The Client has a period of 30 (thirty) days from receipt of the product to exchange it, within the limits of available stocks, provided that the total amount of the exchanged product is less than or equal to the total amount of the returned product.
The product shall be returned in its original packaging, in its original condition, along with its invoice. If a small cord is attached to the product, it must not be removed, otherwise the exchange cannot be made.
Upon receipt of the product, the Company may proceed with its replacement at its own expense and bear the delivery costs.
This right to exchange the product is not applicable to rings that have been ordered in sizes smaller than forty-eight (48) or larger than sixty (60), as these are custom-made items according to the Client's specifications.This right to exchange the product is not applicable to product that is personalized, insofar as these are custom-made items according to the Client's specifications.
The Client also has a period of 30 (thirty) days from receipt of the product to request a refund from the Company.
To do so, the Client must return the purchased product to the Company, in its original packaging, in its original condition, along with its invoice. If a small cord is attached to the product, it must not be removed, otherwise the refund cannot be made.
In the event of a request for a refund, the Company undertakes to inform STRIPE, or PAYPAL (depending on the platform chosen by the Client to pay for the order) of the need to refund the amount paid by the Client within a reasonable period of time following receipt of the non-conforming product.
It should be noted that the Company shall not be held responsible for any delay in the reimbursement of the price paid, as STRIPE, ALMA and PAYPAL are the only ones authorized to do so.
In the event of difficulties, the Client may refer to the terms and conditions of the STRIPE company through the following link: https://stripe.com/fr/privacy, or to those of the PAYPAL company through the following link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, or to those of ALMA through the following link: https://support.getalma.eu/hc/fr/articles/4403454068626-Quelles-sont-les-informations-à-ajouter-à-mes-Conditions-Générales-de-Vente-CGV-
This right to be refunded from the price of the product cannot be applied to the rings ordered in sizes smaller than forty-eight (48) or larger than sixty (60), insofar as these are custom-made items according to the Client's specifications. This right to be refunded does not apply to jewellery that is personalized, insofar as these are custom-made items according to the Client's specifications.

XVI — Force majeure

The Company shall not be held liable if it is prevented or delayed in the performance of its obligations due to force majeure, resulting from an unforeseeable, irresistible event outside their control.
In particular, in case of fire, climatic events, natural disasters or any other accident causing the total or partial destruction of the company, a general strike, the lack of driving force or raw materials resulting from a cause of general order.
In the event of force majeure, the delivery shall be postponed to a later date after the force majeure event has ceased, without the Client being able to claim any compensation for any prejudice whatsoever.
If the force majeure event exceeds a duration of four (4) weeks, either party shall have the right to terminate the contract by registered letter with acknowledgment of receipt, without charge.
In this case, the Company will refund the sums paid by the Client at the time of placing the order, to the exclusion of any other compensation due by the Company to the Client.

 

 

XVII — Personal Data

In accordance with the provisions of the Law no. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, the website was declared to the CNIL (Commission Nationale Informatique et Libertés).
The Company undertakes to treat the personal data communicated by the Client in a confidential manner and to use them only for the processing of the order and the follow-up of the commercial relations.
This information is never shared with third parties nor resold.
Finally, the Client's banking details will never be in the Company's possession.  
Transactions are processed entirely by STRIPE or by PAYPAL, at the Client's choice.

Finally, the Client is informed that, in accordance with the provisions of Articles 38 and following of Law 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties, any user has the right to access, rectify and oppose personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.
The Buyer may at any time request the exercise of this right, either by sending a letter to the Company at the following address: SOPAXED, 62 rue de Saintonge, 75003 PARIS, or by emailing the Company at eshop@sophiedagon.com

XVIII — Hypertext links and cookies

The www.sophiedagon.com website contains a number of hypertext links to other websites, whether or not they have been set up with the authorization of SOPAXED. However, SOPAXED is not in a position to verify the content of the websites thus visited, and consequently assumes no responsibility in this regard.
Browsing the www.sophiedagon.com website may result in the installation of cookies on the user's computer.
A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a website. The data thus obtained is intended to facilitate subsequent navigation on the website, and is also intended to allow various measures of number of visits. Refusing to install a cookie may make it impossible to access certain services. The user can however configure his/her computer in the following way, to refuse the installation of cookies:

  • Under Internet Explorer: tool tab (icon in the shape of a cog in the upper right-hand corner) / internet options. Click on Privacy and choose Block all cookies. Validate with Ok.
  • Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.
  • Under Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on “Content Settings”. In the “Cookies” section, you can block cookies.
  • Under Chrome: Click on the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on preferences. In the “Privacy” tab, you can block cookies.

XIX — Intellectual property and assignment of rights, personal data, newsletter and opposition list to telephone solicitation

All texts, comments, images and photographs of products reproduced on the website www.sophie dagon.com are the exclusive property of the Company and are protected by copyright.
The Sophie d'Agon Joaillerie© name and trademark, logos, designs, stylized letters, figurative marks and all signs represented on the Platform are and will remain the exclusive property of the Company.
The Sophie d'Agon Joaillerie© brand jewelry is also protected by copyrights due to its originality.
No title or right whatsoever in any element or software will be obtained by downloading or copying elements of the website www.sophiedagon.com.
The Client is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying, or performing any work based on the Website and the materials and software contained therein, nor from selling or participating in any sale in connection with the Website, the materials on the Website, or any software related thereto.
The Company grants the Client a non-exclusive license to use the Website. This license is strictly personal and may not be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Website.
The Website may contain links to other websites that are not edited or controlled by the Company, which shall not be held responsible for the operation, content or any element present or obtained through these websites. The establishment of such links or the reference to any information, articles or services provided by a third party cannot and must not be interpreted as an express or tacit endorsement by the Company of these websites and elements or of their content.
Any questions or comments regarding any other website should be directed to the operators of such websites. No link to this Platform is authorized without the express prior written authorization of the Company.
Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.

The Seller has a policy of personal data protection, the characteristics of which are explained in the document entitled “Privacy Policy” which the Buyer is expressly invited to read.

The Seller understands that the protection of data and privacy is an issue for all Internet users visiting the Website. The Seller undertakes, in accordance with the GDPR regulations, to respect your privacy and to protect your personal data, i.e. data that may identify you directly or indirectly as a person.

As part of the Order, the Seller shall collect personal data from the Buyer. [•] undertakes to protect the personal data of Buyers.

Files containing personal data required for the Order shall be stored on the servers of the Website host. This service provider ensures that it complies with the requirements of the General Data Protection Regulation (GDPR). The Seller shall not communicate or trade the personal data of Buyers.

At the stage of the Order on the Website, the Buyer expressly consents to the collection and processing of his/her personal data necessary to complete the Orders.

The purpose of the personal data collected by the Seller is to enable the Order to be carried out. The various personal data shall not be kept longer than necessary for the purposes for which they were collected, including compliance with legal or fiscal obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as “Informatique et Libertés”, and the General Data Protection Regulation (GDPR), subject to the proof of your identity, all Buyers, regardless of their nationality, have the right to access, modify and delete their personal data. Each Buyer is also entitled to request a limitation of the processing of his/her data and moreover has a right to data portability as well as a right to oppose the processing of his/her personal data.

In order to apply this clause and, in particular, to ensure the confidentiality of the processing of the Purchasers' data, the Seller has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, who can be contacted at the following address: eshop@sophiedagon.com.

In any case, any Buyer has the right to make any claim to the CNIL.

By checking the box provided for this purpose or by expressly agreeing to this, the Buyer accepts that the Seller may send him/her, at a frequency and in a form determined by the Seller, a newsletter which may contain information relating to its activity.

When the Buyer checks the box provided for this purpose in the registration process on the Website to place the Order, he/she agrees to receive commercial offers from the Seller for Products similar to those ordered.

The Buyers shall have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose in each newsletter.

You have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) opposition list to telephone solicitation in order to no longer be solicited through telephone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption.

Any consumer has the opportunity to register for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.

XX — Modifications to the Terms and Conditions of Use and Sale

The Company reserves the right to modify all or part of these Terms and Conditions of Use and Sale at any time and without any delay.
The applicable Terms and Conditions of Use and Sale are those in force on the website on the day the order is placed by the Client.
The modifications shall not apply to orders previously made by the Client and confirmed by the Company.

XXI — Applicable law, mediation, amicable settlement and competent jurisdiction

These Terms and Conditions of Use and Sale are governed by French law.
If one or more provisions of these Terms and Conditions are considered invalid by a law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, and the other provisions will continue to apply in full. 

It is also recalled that any consumer has the right to resort, free of charge, to a consumer mediator for the amicable resolution of a dispute between him/her and a professional. To this end, [·][·] joins the Service of the Mediator CM2C Médiation.

In the event of a dispute, you can file your complaint on its website: https://www.cm2c.net or by post service by writing to 49 rue de Ponthieu, 75008 Paris.

You can use the mediation service for consumer disputes related to an order placed on the Internet.

Finally, we remind you that mediation is not compulsory but only proposed in order to resolve disputes by avoiding the recourse to the courts. In case of failure of this mediation procedure or if the Buyer wishes to refer to a jurisdiction, the rules of the French Civil Procedure Code will apply. 

The Buyer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

 

Any dispute between the Company and a Client, whether concerning the formation, performance, interpretation, validity, termination or resolution of these Terms and Conditions of Use and Sale, shall be subject to the jurisdiction of the Court of Appeal of Paris and shall be governed by the rules of French law, unless otherwise provided by mandatory procedural rules. The rules applicable to consumer law will apply.

XXII — Superiority of the French version of the Terms and Conditions of Use and Sale

For our international clients, these Terms and Conditions of Use and Sale are translated into English.
However, in case of contradiction between the French and English versions, the Client is informed that the French version will prevail.