The purpose of these General Terms and Conditions of Sale (hereinafter, the " GTC ") is to define the rights and obligations of Galerie Pénélope, a simplified joint stock company with a share capital of 5,000.00 Euros registered with the R.C.S of Paris under number 894 812 890, whose registered office is located at 15 rue Des Moines, 75017 Paris, France (hereinafter referred to as " Galerie Pénélope " or the " Vendor ") and any individual or legal entity visiting the Site and/or making a purchase (hereinafter referred to as the " Customer( s)") via the Internet site https://www.galeriepenelope.com (hereinafter the " Site ").

 

1. Object
2. Products and compliance
3. Obligations of the customer
4. Order(s) placed via the Site
5. Availability of the products in the catalogue
6. Prices
7. Payment of payment
8. Retention of ownership
9. Shipping & Returns
10. Exchanges and returns of Product(s)
11. Warranties and liability
12. Protection of personal data
13. Intellectual Property
14. Force majeure
15. Partial invalidity of a clause
16. Accessibility and updates of the T&Cs
17. Amicable and extrajudicial settlement
18. Applicable law and competent jurisdiction
19. Contact Information

 

1. Object

These GTC are intended to define:

• on the one hand, the contractual relations between Galerie Pénélope and the Client, and
• on the other hand, the conditions applicable to any purchase made through the Site.

These GTC apply without distinction, whether the Client is a professional or an individual.

2. Products and compliance

The products for sale on the Site are those listed in the catalogue published on the Site (hereinafter the "Product(s)").

The Products sold through the Site, thus excluding any custom creation made outside the framework of the Site, are antique jewellery and must therefore be considered as second-hand goods.

The Products offered for sale are presented on the Site and accompanied by a description. The Customer is therefore required to consult the description sheet of each Product in order to know its properties, and possibly the conditions of maintenance and use.

The Products offered by Galerie Pénélope comply with the legislation in force, in particular the legislation concerning the trade in precious metals and stones (see Article 11 - Guarantees and liability below).

The photographs in the catalogue are as accurate as possible and try to ensure a perfect similarity with the proposed Product, especially with regard to colours. 

3. Obligations of the customer

In order to be able to order on the Site, the Customer of the Site must be of legal age and legally capable.

The Customer must, at the time of his first order on the Site, open a Shopify customer account.

The Client undertakes to communicate to Galerie Pénélope the elements of real and necessary information for the performance of the service covered by these GTC as requested online and according to his situation, in particular his surname, first name, postal address, telephone and e-mail.

The information provided by the Client to Galerie Pénélope when opening an account and when placing each order must be complete, accurate and up to date. Galerie Pénélope excludes any liability for the consequences resulting from information transmitted by the Client that is false or inaccurate or whose recovery would be illegal.

Galerie Pénélope reserves the right not to process an order in the event that the Client does not comply with the conditions set out in this article or in the GTC.

The Customer can modify his data via the "My Account" section.

4. Order(s) placed via the Site

The order(s) are made from the catalogue available on the Site. The Customer can select the Product of his choice by clicking on "Add to cart". The Customer finalizes his order by clicking on "Proceed to payment" (or equivalent key).

At any time, the Customer may:

• Check the Products in your basket: their quantity, amount and detailed information on each of them by clicking on "My basket";
• Modify or cancel the order of a Product on the "My Cart" summary page;
• Continue its selection of Products;
• Confirm your order by clicking on "Proceed to payment" on the "My basket" page displayed after the validation of the addition from the Product description sheet.

To place and validate the order, the Customer, after having filled his virtual basket, then clicks on "Proceed to payment" and provides information relating to delivery and payment method.

Before confirming the order, a summary is made available to the Customer, allowing him to check the details of his order and its total price and to return to the previous pages to correct any errors or modify his order. The delivery price is also communicated before the validation of the order (see articles 6 - Price, 7 - Payment, and 9 - Delivery below).

The confirmation of the order implies acceptance of the General Terms and Conditions and forms the contract. Any order will only be validated after acceptance of payment.

The time required to process an order may vary according to the specificities of each Product. 

Galerie Pénélope reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

Galerie Pénélope reserves the right to cancel or refuse an order in the event of difficulty encountered and possibly a dispute with the Client over a previous order.

In these cases, Galerie Pénélope will inform the Client by telephone or by email.

5. Availability of the products in the catalogue

Galerie Pénélope accepts orders within the limits of available stocks; it informs the Client of the availability of the Products offered on the Site at the time of confirmation of the order. Only Products identified as such on the day of the order are considered available and may be sold to the Customer.

In the event that the Products presented on the Site are no longer available or for sale at the time of sending the order, Galerie Pénélope shall promptly notify the Customer, and in any event, within thirty (30) calendar days of the day following the order, of the possible unavailability of the Products ordered.

In the event of payment of the price already paid, Galerie Pénélope will take one of the following two actions, according to the Client's expressed wish:

• To the reimbursement of all sums advanced by the Client for Products that have proved to be unavailable; or
• Upon delivery to the Customer of another Product of quality and price equivalent to that initially ordered, subject to the Customer's express agreement.

6. Prices

The prices of the Products are displayed on the Site's catalogue in Euros, including all French taxes (French VAT and any other applicable taxes).

The prices displayed on the Site's catalogue do not include:

• the costs of order processing, transport and delivery. These costs will be indicated in the Customer's basket, before the final validation of the order.
• customs duties and other taxes. Customs fees and other taxes must be paid by the Client directly to the carrier depending on the country of destination.

Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. Products will be invoiced on the basis of the rates in effect at the time the order is placed.

7. Payment of payment

The full payment of the price and ancillary costs (for example: order processing, transport and delivery) must be made at the time of ordering and payment must be made before the delivery of the Product.

At no time can the sums paid be considered as a deposit or instalments.

The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), or with his PayPal account.

For all transactions paid by credit card, the Customer will indicate the number on the front of his card, the expiry date of his card and the last three digits of the cryptogram on the back of his card. The communication by the Client of his credit card number constitutes authorization for Galerie Pénélope to debit his account for the amount of his order.

For deliveries outside the European Union, the Customer must pay the customs duties or other taxes due on the occasion of the importation of the Products into the country of the place of delivery. The formalities relating to them are also the exclusive responsibility of the Client. The Customer is solely responsible for verifying the import possibilities of the Products ordered with regard to the rights of the territory of the country of delivery.

 

Payment in instalments with Alma

Payment by instalments/deferred payment is available through our partner Alma. The security of payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Amount of purchases

• P2X: Only purchases between €50 and €3,000 are eligible for payment with Alma.
• P3X: Only purchases between €50 and €3,000 are eligible for payment with Alma.
• P4X: Only purchases between €50 and €3,000 are eligible for payment with Alma.

Fees

By paying in several instalments with Alma the Customer does not pay any fees.

Alma is a telepayment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.

Cancellation

Any termination of the GTC between the Seller and the customer will result in the termination of the GTC between Alma and the customer.

 

8. Retention of ownership

No cash on delivery will be accepted for any reason whatsoever.

Whatever the method of payment, the delivered Products remain the exclusive property of Galerie Pénélope until full and unreserved payment has been made.

This clause, applicable in the context of the law n°80-335 of 12 May 1980 relating to the effects of retention of title clauses in sales contractsis also enforceable against third parties in the event of suspension of payment by the buyer and collective proceedings.

9. Shipping & Returns

9.1 Country of destination

Galerie Pénélope ships its Products to France, to the Member States of the European Union, as well as to the United Kingdom and the United States, and can on request ship to any country.

9.1 Customs and import taxes

Any customs and import taxes are the responsibility of the Client.

9.2 Shipping and Receipt of Packages

The Products are shipped in a parcel and accompanied by an invoice and a withdrawal form, to the delivery address indicated by the Customer at the time of his order. Delivery cannot be made to hotels or post office boxes.

Unless expressly requested by the Customer, all shipments will be made by the Post Office according to the rates presented on the Site. Galerie Pénélope undertakes to inform the Client of the progress of the processing of his order.

The order is delivered to the recipient against signature of a delivery slip.

At the time of receipt of the order, the Customer is required to verify the apparent conformity of the Products received with the order he has placed.

9.3 Estimated delivery times

The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be met, the Customer must ensure that he 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.). For more information, please consult our Shipping policy.

Galerie Pénélope cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

Galerie Pénélope is not responsible for delays caused by the customs services of the recipient country.

9.4 Insurance of the package shipped

Galerie Pénélope undertakes to guarantee any loss or theft of the package.

In the event of damaged packages (already opened, missing jewellery...), the Customer undertakes to notify the carrier and Galerie Pénélope, by any means, of any reservations within three (3) calendar days of receipt of the Product. 

10. Exchanges and returns of Product(s)

10.1 Conditions for exercising the right of withdrawal

If you are a Customer residing in the European Union or the European Economic Area, you have the right to withdraw from this Agreement. The withdrawal period expires after fourteen (14) calendar days from the receipt by you, or by a third party (other than the carrier) indicated by you, of the Products in your physical possession, without having to justify any reasons or pay any penalty, with the exception, where applicable, of return costs.

However, in accordance with thearticle L121-20-12 of the Consumer Codethe right of withdrawal, as well as any request for reimbursement, cannot be exercised when the Product has been modified, adjusted or personalised at the Customer's request, for example in the case of an engraving or resizing requested by the Customer.

Galerie Pénélope reserves the right to refuse the total or partial refund if the Product being cancelled is not returned in its original condition: scratched, damaged, damaged, incomplete, modified, engraved or resized Products will not be taken back.

Before the expiry of the withdrawal period, the Client must inform Galerie Pénélope of his decision to withdraw either by sending him the withdrawal form at the bottom of these GTC by printing it, or the one provided in your package, after having duly completed it, or by sending him an email clearly and unambiguously expressing this decision and mentioning the number of his order to : contact@galeriepenelope.com.

The Customer must return the Product, at his own expense (unless the Product is not in conformity) in its original packaging, in its original state, accompanied by the retraction form to Galerie Pénélope, at the address mentioned on the retraction form at the latest within fourteen (14) days following the communication of his decision to retract.

The return or exchange is at the Customer's risk and the Customer undertakes to ensure that it is sent at least at the purchase value of the Product. Galerie Pénélope cannot be held responsible in case of loss or theft during the expedition.

It is the responsibility of the Customer who exercises his right of return to certify that the Product has been reshipped. This proof will be provided either by the receipt of a registered letter or by any other document provided by the carrier, which the Client must communicate to Galerie Pénélope by email.

The returned Product will be exchanged or refunded within a maximum of fifteen (15) working days from its receipt by Galerie Pénélope. In the case of a refund, it will be made by crediting the amount to be refunded to the Customer's bank account, by bank transfer or PayPal.

If the Client fails to comply with these GTC, in particular the return or exchange conditions, Galerie Pénélope may not refund the Products concerned.

10.2 Withdrawal form

Please complete and return this form only if you wish to use your right of withdrawal for an order.

To the attention of:

(electronically)	contact@galeriepenelope.com
(by post)	Galerie Pénélope 15 rue des Moines 75017 Paris, France

I hereby notify you of my withdrawal from the contract for the sale of the Product below:

Order date :
Date of receipt:
Client's name :
Customer's address :

11. Warranties and liability

Galerie Pénélope has only an obligation of means for all stages of access to the Site, from the ordering process to the dispatch of the package or subsequent services.

Galerie Pénélope cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure in accordance with the law and case law.

11.1 Legal guarantee of conformity

In accordance with the articles L217-4, L217-5 and L217-12 of the Consumer Code :

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility. »

"The property is in accordance with the contract:

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

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

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

2° 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 which the latter has accepted. »

"The action resulting from the lack of conformity shall be barred after six months from the date of delivery of the goods, in accordance with the exception made for second-hand goods. »

11.2 Guarantee against hidden defects

In accordance with the articles 1641, 1644 and 1648 of the Civil Code :

"The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »

The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. He can choose between cancelling the sale or reducing the sale price.

"...] the buyer has the choice of returning the thing and getting the price back, or keeping the thing and getting part of the price back.

"The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect. »

11.3 Guarantee specific to the sale of precious metals and stones

The Products sold by Galerie Pénélope respect the Decree No. 2002-65 of 14 January 2002 on the trade in gemstones and pearls as well as the following texts:

• Articles 521 to 553bis of the General Tax Code;
• Articles 240 to 220 of Annex I to the General Tax Code;
• Articles 275bis to 275ter P of Appendix II to the General Tax Code 
• Articles 183 to 214 of Annex III to the General Tax Code;
• Articles 56 j bis to 56 j vicies of Annex IV to the General Tax Code.

11.4 Contractual guarantee

All Products purchased from Galerie Pénélope are appraised, photographed and have been refurbished and revised if necessary.

An invoice is issued to you giving rise to a guarantee for a period of one (1) year from the date indicated on the invoice.

During the contractual warranty period, Galerie Pénélope undertakes to repair free of charge any manufacturing defects and breakdowns existing at the time the Product is delivered.

However, this contractual guarantee remains valid only on the express condition that the Product does not undergo any other intervention.

However, the contractual warranty of the Product does not cover:

• a problem caused by an accident;
• a problem caused by improper handling;
• a problem caused by lack of care or intervention by unauthorized third parties and any consequential damage due to it;
• the natural wear and tear of the object due to its use;
• damage caused by water, alcohol, or any other corrosive product.

12. Protection of personal data

For more details on the collection and processing of your personal data by Galerie Pénélope, please refer to our Privacy Policy.

13. Intellectual Property

All elements of the Site, including these GTC and the Privacy Policy are and remain the intellectual and exclusive property of the Seller. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of Galerie Pénélope.

The Site or any part of the Site may under no circumstances be reproduced, copied, redistributed, sold, used or exploited, for any reason whatsoever, even partially, for any reason whatsoever, including for commercial reasons, whether software, visual or audio elements of the Site, without the prior, express and written authorization of Galerie Pénélope.

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (image, photographs and composition of photographs, videos, concepts, packaging, texts, illustrations etc.).

The Customer is therefore required to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products where applicable, or register a trademark that would harm the owner of the rights, unless otherwise provided by contract. The same applies to any other intellectual property right.

14. Force majeure

In the event of an event of force majeure, the party concerned must inform the other within fifteen (15) calendar days of the occurrence of the event by registered letter with acknowledgement of receipt.

Expressly, in addition to those usually retained by the case law of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever are considered as force majeure or fortuitous events, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other case beyond the control of the parties that prevents the normal performance of the contractual relationship.

All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

15. Partial invalidity of a clause

If any provision of these GTC is declared null and void or unenforceable by a competent court, it shall be declared unwritten and shall not render the other provisions null and void.

16. Accessibility and updates of the T&Cs

These GTC are subject to change and update; the date of the last update of the GTC is indicated at the end of these GTC.

These GTCs are permanently accessible on the Site at the following address: "https://galeriepenelope.com/policies/terms-of-sale" in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.

The version of the GTC applicable to the order of a Product by a Customer are those in force on the day of the order.

17. Amicable and extrajudicial settlement

17.1 Amicable settlement

Any dispute must be the subject of a prior attempt at amicable settlement by Galerie Pénélope and the Client, and this before any legal action.

17.2 Mediation of consumer disputes

Consumers residing in the European Union have the right to submit any complaints to an alternative dispute resolution (ADR) body.

To find a list of REL entities in your country, you can consult the platform Online dispute resolution of the European Commission.

In accordance with the articles L612-1 et seq. of the Consumer Codeyou can use the free MEDICYS mediation service to which Galerie Pénélope belongs:

• By electronic means: Medicys Mediation;
• By post: Concord - 73, Boulevard de Clichy - 75009 Paris.

This platform concerns people who are consumers in the context of their relations with Galerie Pénélope.

18. Applicable law and competent jurisdiction

These GTC are subject to French law.

The French courts of the place where Galerie Pénélope has its registered office shall have exclusive jurisdiction in the event of any dispute between Galerie Pénélope and the Client, with the exception of the application of consumer law rules where the Client is a consumer.

19. Contact Information

You can contact Galerie Pénélope by email at the following address: contact@galeriepenelope.com.

 

Last update: August 23, 2019