GENERAL SALES CONDITIONS
Welcome to the jewelry brand LUCKY ONE.
The purpose of this page is the legal terms of the conditions of sale, to which our customers apply for any online purchase of jewelry items from the brand LUCKY ONE.
If you have any questions about these terms and conditions, please contact us before ordering, by email: contact@luckyonebijoux.com or by phone +33 1 71 75 94 66.
ARTICLE 1 : DEFINITION OF THE PARTS
LUCKY ONE SAS, a company registered in the Paris Trade and Companies Register, under number 848 134 425, 66, avenue des
Champs-Élysées, Paris 75008 – FRANCE (hereinafter referred to as the “company”, “LUCKY ONE”, “LUCKY ONE SAS”, “luckyonebijoux.com”, “site”)
and
Any adult or legal person acting as a consumer (within the meaning of law and jurisprudence), who consults the website www.luckyonebijoux.com and / or makes a purchase from Lucky One (hereinafter referred to as “buyer “,” User “,” client “or” Internet user “).
It is understood that persons considered legally incapable of contracting within the meaning of articles 1123 of the Civil Code, in particular unemancipated minor children, must obtain the authorization of their legal representative prior to any order.
ARTICLE 2 : GENERAL DEFINITION AND OBLIGATIONS
2.1 – Acceptance of these general conditions of sale and use
By accessing the site and placing an order, you agree to be bound without reservation by these conditions of sale. They constitute the contract between the company LUCKY ONE and the Internet user, the user or the buyer. In the event of non-acceptance of the general conditions of use and sale stipulated in this contract, the user must renounce access to the site and the purchase of online product of LUCKY ONE brand. The responsibility of the company could in no case be engaged.
2.2 – Obligations
Before any transaction, the buyer declares on the one hand that the purchase of products on the site www.luckyonebijoux.com is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have the full legal capacity, allowing it to engage under these general conditions of sale.
The buyer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.
The buyer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed. Unless proven otherwise, the information recorded by the company constitutes proof of all transactions.
2.3 – Modification
The general conditions of sale and use are likely to be subject to modifications and updates, the conditions applicable to the order of an item by the Customer are those in force on the day and at the time of payment of the command.
2.4 – Declaration of conformity to the CNIL
In accordance with the law 78-17 of January 6, 1978 (amended by Law 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data) relating to computers, files and freedoms, this site has been the subject of a declaration number 2057708 v 0, to the National Commission for Informatics and Liberties (www.cnil.fr)
ARTICLE 3 : PRODUCT AND SERVICE
3.1 – The offer
LUCKY ONE is a company that creates and distributes jewelry items in gold, diamonds and semi-precious stones.
All our products are made and distributed in accordance with current French legislation. The essential characteristics of the products, taken from the information given by the manufacturers, the services and their respective prices are made available to the customer on the merchant site www.luckyonebijoux.com.
3.2 – Stock limit
LUCKY ONE undertakes to honor the buyer’s order within the limit of its available stocks only or subject to stocks available from our suppliers. If you place an order for an “unavailable” product, we will notify you by email. Your order will be automatically canceled, your bank debit will be refunded or canceled.
The merchant site www.luckyonebijoux.com is not intended to sell its products in large quantities. Consequently, LUCKY ONE reserves the right to refuse orders and to modify the assortment of products at any time.
3.3 – Visual
The pictures and 3D reproduction of the products are as accurate as possible but are in no way binding on the company. The sale of products presented on the site www.luckyonebijoux.com is intended for all buyers resident in countries which fully authorize the entry into their territory of these products. The responsibility of the company can not be engaged in the event of non-compliance with the legislation of the country in which the products are delivered and which it is up to the buyer to verify.
ARTICLE 4 : PRICE
4.1 – Price and shipping information
Shipping cost:
Delivery is free in France (DOM TOM included), in the European Union, United-Kingdom and Switzerland.
Outside of these countries, a supplement may be charged, we invite you to contact our customer service for more information.
Shipping in France (DOM TOM included) and in Europe (UK and Switzerland included):
Product prices are indicated in euros (€) all taxes included.
Delivery costs, taxes and customs duties are included in the prices of products offered online.
Shipping outside Europe:
Product prices are indicated in euros (€) excluding taxes and custom duties for orders outside Europe.
Delivery costs are included in the prices of products offered online for orders to overseas departments and territories, for other destinations a supplement may be charged, we invite you to contact our customer service for more information.
In the event of an order delivered in a country other than mainland France, the customer is the importer of the products he purchases.
Excepted for UK, Switzerland and DOM-TOM, customs taxes and formalities are the responsibility of the customer.
For all products shipped outside the European Union, in addition to the sale price, customs fees and other charges and taxes that may be payable in the country, state or region of destination may be added.
It is recommended that the buyer inquire with the competent authorities of the country of destination regarding the legislation in force, the buyer is also held responsible in terms of the necessary declarations to the competent authorities and customs.
These rights and sums are not the responsibility of LUCKY ONE , the buyer assumes full responsibility both in terms of declarations and payments to the competent authorities and customs.
4.2 – Price modification
LUCKY ONE reserves the right to modify its prices at any time and without notice. The prices applicable to the ordering of an item by the user are those in effect on the day and time of payment of the order.
Thus, the prices displayed in the basket are likely to be changed to match the prices displayed in the product description sheet. Placing a product in your cart does not guarantee that its price will remain the same as it was when you put the product in the shopping cart.
Finally, display errors may occur due to computer problems, we apologize in advance if this occurs and will do our best to correct it. However, if the case arises you will be contacted to be informed and resolve the issue.
4.3 – Promotion
The prices displayed in the context of event and promotional sales are valid only during the promotion period indicated by the site, within the limits of available stocks.
LUCKY ONE reserves the right to offer promotional codes for the purchase of a product online. Promotional codes can only be issued by the company LUCKY ONE and can under no circumstances be held responsible for any promotional codes provided by another third party and for which the company has not given its consent.
Promotional codes cannot be used for products already benefiting from any promotion (sales, event sales, price reduction, etc.)
ARTICLE 5 : ORDER
You have the possibility to order our products directly on our website www.luckyonebijoux.com
To place an order on our site, choose your items and add them to the basket. Validate the contents of your basket.
Depending on the case :
. If you already have a customer account on our site, please identify yourself.
. If you do not have a customer account on our site, please create one.
Depending on the case :
. Check the “Order” box to fulfill your order online.
. Choose your payment method and confirm.
Our jewelry is made to order and after full payment from the buyer, in a craft workshop by a master jeweler.
ARTICLE 6 : PAYMENT ET REFUND
6.1 – Méthodes de paiement
L’acheteur dispose des méthodes de paiements suivantes :
1) By credit card (Visa, Mastercard, American Express, …) :
When paying online, enter your bank card number, its expiration date and the 3 digits on the back of it.
Payments by credit card made on the site www.luckyonebijoux.com are collected and secured by our payment management partner of Stripe Inc. for the total amount in Euro of the cost ordered. Stripe Inc. is licensed as an Electronic Money Institution, by the U.K. Financial Conduct Authority (https://stripe.com/spukl/legal).
Any payment by invalid credit card will be refused by the Stripe platform, which makes it impossible to validate the payment and therefore the order. The order will be considered valid only after receipt of payment.
All the information exchanged to process the payment (16-digit card number, expiration date, visual cryptogram) is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. They are also not stored on our computer systems.
Purchases paid by credit card (VISA and MASTERCARD) can be secured by the 3D Secure control system. When you pay for your order by credit card, if your bank adheres to the “Verified by Visa” or “Secure Code Mastercard” payment security program, after clicking on “Order and pay”, you may see a new screen appear. inviting you to identify yourself, for example, with a code received by sms.
2) By credit card in payment 4 times free of charge with Alma :
If you choose this option, you accept Alma’s terms and conditions. as well as the special Alma conditions for LUCKY ONE customers.
3) By Paypal :
PayPal is the world leader in online payments. Activate your PayPal account. When you place an order, if you choose this payment method, you will be automatically redirected to the PayPal site. Enter your login details and proceed to payment.
With PayPal your financial information is never communicated to LUCKY ONE. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.
PayPal allows you to pay online without disclosing your financial information during the transaction.
4) By bank transfer :
The buyer choosing to pay for an order by bank transfer is invited to provide LUCKY ONE within 7 days with a copy of his transfer order to confirm the order’s payment, by email to the email address: contact@luckyonebijoux.com
The bank transfer must be made within 7 days of the order date, to the LUCKY ONE account.
Beyond 7 days, the order is canceled. Upon receipt of the bank transfer, LUCKY ONE will begin manufacturing the product and ship the order to the Customer, subject to a 10-day provision period.
6.2 – Refund conditions
6.2.1 – Case of a defective product
You have the possibility to request a refund of your order within 15 days from the date of receipt of the product.
Reimbursement of the invoiced price of the returned product will be made, by credit to the buyer’s bank account or Paypal account, no later than thirty (30) days following receipt by the company of the returned items. An email confirming that the refund has been made will be sent to the buyer on the email used for the purchase.
The amount of the refunded sum will take into account the repair of the returned part and the ancillary and bank charges.
6.2.2 – Fraud Cases
The buyer is requested to verify the origin of the purchase before initiating a procedure for fraudulent use of the bank card used to purchase the product on the site.
As a reminder, the procedure for purchasing and delivering a product via the site www.luckyonebijoux.com is secure at all stages:
. When ordering: Information request (name, first name, address, email, phone number, date of birth)
. On payment: 3D Secure control system, sending confirmation and invoicing to your email.
. On delivery: Delivery of the package against signature.
All this information will be provided to the bank by the company LUCKY ONE, which can in no way be held responsible.
ARTICLE 7 : DELIVERY
7.1 – Information required :
7.2 – Shipping cost
Shipping costs are offered by LUCKY ONE and those around the world. Orders are delivered with signature, in Europe, Switzerland, Canada, the United States, the Overseas Territories and countries that fully authorize the entry into their territory of these products.
7.3 – Delivery delay
Delivery times are 1 to 6 weeks after receipt of payment except for tailor-made jewelry which may require more time during the months of high influx and peak production (ex: End of year celebrations and months of August and September)
7.4 – Delivery times and tracking
Deliveries are made to the address indicated on the buyer’s order form and in the agreed geographic area. Our service for sending orders to the Postal and DHL services is carried out from Monday to Saturday morning (closed on Sundays and on public holidays).
LUCKY ONE provides the buyer with the tracking number of his parcel by email via post or DHL. The buyer is delivered with his signature by his postman or by the carrier. In the absence of the buyer, he will receive a calling card from his postman or the deliveryman, which allows him to collect the products ordered at the nearest post office, for a period of days indicated by the services of transport.
In France, orders are delivered by La Poste via COLISSIMO Domicile, delivery service with signature and with a Colissimo tracking number for the package.
Outside mainland France, orders are delivered by the DHL Express carrier, international delivery service, French overseas departments and territories, with a parcel tracking number and delivered against signature.
7.5 – International and overseas deliveries
Orders are delivered in Europe, Switzerland, UK, Canada, overseas and countries which fully authorize the entry into their territory of these products. Deliveries are guaranteed and secured by the DHL carrier.
The costs and duties of customs clearance or import duties or local taxes are the responsibility of the buyer and will be his responsibility. LUCKY ONE therefore invites the buyer to get information from the corresponding local authorities.
The DHL carrier provides customs clearance services including customs and administrative fees.
7.6 – Transport risks
The buyer is responsible for checking the condition of the packaging, the goods and their contents upon delivery. In the event of damage during transport, any protest must be made immediately to LUCKY ONE. An advisor will contact the buyer to explain the procedure to follow.
LUCKY ONE cannot be held responsible for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of the postal services and means of transport and / or communications).
The transfer of responsibility is made upon receipt of the package against signature “As soon as the consumer takes possession of the goods, the risks are transferred to him”, warns the DGCCRF. LUCKY ONE can therefore not be held responsible for loss, theft, damage or other damage occurring after delivery.
If the package arrives damaged, the customer must have it returned and refuse to sign it, otherwise his responsibility will be engaged and not that of the carrier.
The customer has 15 days to report non-compliant merchandise: “aesthetic difference, incomplete delivery, different functionalities, non-functioning”
In the event of a problem, you can contact LUCKY ONE at the following address: contact@luckyonebijoux.com
ARTICLE 8 : Guarantee and right of return.
8.1 – Garantuees
The buyer benefits from the legal guarantee of conformity and therefore from an application of Article L211-4 of the Consumer Code which provides that :
. « The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.. »
The guarantee is applicable to our new products having a defective nature (absence of the characteristics presented online) and this, even in the absence of contractual guarantee.
A lack of conformity can appear up to 6 months after the transaction. Its existence is presumed on the day of delivery of the goods and you do not have to prove the existence of the lack of conformity.
In the event of a lack of conformity, we undertake to:
. Replace the product;
. Repair the product within 30 days and without charge.
In the event of failure in the performance of our obligation or in the event of a major defect, we undertake to reimburse you for the full price paid or part of the price if you wish to keep the product.
The presumption of lack of conformity no longer applies if it appears after 6 months following the sale and before 2 years. You must provide proof of the defect of our product.
In the event of a hidden defect in your product, you benefit from the legal guarantee against hidden defects in articles 1641 to 1649 of the Civil Code. It applies to all our new products. This warranty applies when the defect renders the product unfit for use or when it reduces its use to such an extent that you would not have bought it or paid for it at a lower price. The warranty against hidden defects only applies when the defect is prior to the sale. You have a period of 2 years from the discovery of the defect to act.
In the event of a defect, we undertake to replace your product or reimburse you as soon as possible.
The warranty does not apply to alteration, normal wear and tear, aging and faulty maintenance of the product. Likewise, to the deterioration of the product caused by an accident or carried out by an unauthorized third party.
8.2 – Right to retract
In accordance with the provisions of article L.121-21 of the Consumer Code, the buyer has a withdrawal period of fourteen (14) days from receipt of the product to exercise his right of withdrawal without having to justify reasons or pay a penalty.
Regardless of this right of withdrawal, if a piece of jewelry does not meet the expectations of the buyer, the buyer benefits from the LUCKY ONE “30 Days Trial” guarantee of 15 days from the date of receipt of the product, the postmark being taken as proof.
Please note, in accordance with Article L. 121-202 of the Consumer Code, the right of withdrawal and the “30 Days of Trial” guarantee do not apply to products made at the customer’s request and made to measure, which cannot be resold by the company.
The right of return only applies in the European Union (DOM TOM included), UK and Switzerland.
8.3 – Return conditions
The buyer must first make a return request for the delivered product, indicating the reason by the means below and respecting the return process and conditions exactly. Your return request is only effective once it has been confirmed by our Customer Service.
– On the site www.luckyonebijoux.com in the contact section
– By email: contact@luckyonebijoux.com
– By phone: +33 1 71 75 94 66
Upon receipt of the return request and subject to acceptance, several possibilities will be offered to the buyer:
– Exchange
The product will be exchanged for a product of similar design, value, or different size.
– Credit
The customer has the choice to benefit from a credit note to make a decision at a later date
– Refund
Refund of the invoiced price of the returned product will be made, by credit to the buyer’s bank account or Paypal account, no later than thirty (30) days following receipt by the company of the returned items. An email confirming that the refund has been made will be sent to the buyer on the email used for the purchase.
The amount of the refunded sum will take into account the repair of the returned part and bank charges.
Returns will only be accepted by LUCKY ONE and will only give rise to a refund or exchange, if :
– The return process has been respected
– The buyer must return the delivered product, unworn, in its original packaging, in perfect condition and complete (accessories, instructions, warranty, etc.). Items returned incomplete, damaged, modified will not be accepted. In particular, products which have stripes, even discreet ones, will not be taken back.
– Validation of the condition and conformity of the jewel, the setting and the stone, or any other constituent element of the product after analysis in our workshop by a master jeweler, which must correspond in every way to the product sent, without damage, modification or intervention of any kind.
– Custom-made, resized and engraved products cannot be returned.
A large majority of the products of the LUCKY ONE brand are made individually and to order according to your specifications (Choice of gold color, size, thickness, precious stone …) and thus come within the framework of exception n ° 3 of article L. 221-28 of the Consumer Code which stipulates that in this case the right of withdrawal cannot be applied.
To avoid abuse, we will not accept multiple returns and refunds from the same person except in specific cases.
In addition, products delivered outside the European Union or delivered in France and having benefited from a tax refund cannot be refunded or exchanged.
For a piece of jewelry delivered in the French overseas departments and territories, return or exchange are also possible but will take longer to process and may incur additional customs fees. We invite you to contact our customer service for more information.
For any return, LUCKY ONE will send by email the label to stick on the package which will be used as a stamp and will contain the contact details of the company.
Responsibility is transferred however when the parcel is delivered against signature, the buyer will therefore have full responsibility for the product and cannot hold LUCKY ONE responsible for any damage, injury, loss or other risk caused during the transport linked to the return of the product.
8.4 – Resizing
Warning ! Please take into consideration that a resizing is considered as such, only if it is technically feasible without damaging the product and / or does not exceed 2 sizes greater or less than the original size, even 1 size for some products. Thus, any resizing request that does not comply with these conditions is considered as a change of product or a new order, but cannot under any circumstances be resized.
The first resize is offered by LUCKY ONE at no additional cost provided that:
– The request is made within 30 days of receipt of the jewel, the postmark being taken as proof..
– The return process has been respected
– The buyer must return the delivered product, in its original packaging, in perfect condition and complete (accessories, instructions, warranty, etc.). Items returned incomplete, damaged, modified or damaged will not be accepted.
– Validation of the condition and conformity of the jewel, the setting and the stone, or any other constituent element of the product after analysis in our workshop by a master jeweler.
– Custom-made products and engraved products cannot be returned.
– The ring has not previously been returned for resizing.
The resizing takes 3 to 4 weeks. In addition, LUCKY ONE only offers one size discount; the following, if technically possible, will be invoiced.
LUCKY ONE cannot be held responsible for damages, costs and risks generated by a resizing carried out by a third party other than LUCKY ONE SAS.
For a ring delivered in the French overseas departments and territories or internationally, sizing is also offered. However, this may result in additional customs charges when the jewelry is returned. LUCKY ONE cannot be held responsible for the costs incurred in this situation.
8.5 – Return costs
Return costs are offered by LUCKY ONE, subject to acceptance in order to avoid any abuse and fraud.
8.6 – Transfer of ownership
LUCKY ONE remains the owner of the products until full payment of the amount due and delivery of the package against signature of the buyer. Responsibility is transferred however when the parcel is delivered against signature, the buyer will therefore have full responsibility for the product and cannot hold LUCKY ONE responsible for any damage caused.
If the package is returned to us for lack of response from the buyer at his home and any other means of communication, and this after several reminders, the costs incurred, banking or logistics will be borne by the buyer
Article 9 : Liability and force majeure
LUCKY ONE cannot be held responsible for damage resulting from improper use of the product purchased.
It cannot be held liable for damage resulting from the use of the Internet such as loss of data or computer virus, interruption of service, or other unintentional problems. We are responsible for the proper execution of these general conditions. However, we cannot be held liable for a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract.
The products offered comply with current French legislation. LUCKY ONE cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the buyer to check with the local authorities the possibilities of importing the products that the buyer intends to order.
LUCKY ONE cannot be held responsible for any form of fraudulent use of an account by theft of identity and / or password during connection. Users are solely responsible for the confidentiality of their account login information.
In order to respect the Kimberley Process, the precious and semi-precious stones we use come from a legitimate source not involved in the financing of armed conflicts and in accordance with United Nations resolutions (Security Council Resolutions N ° 1173, 1176 and 1306).
Article 10 : Applicable law in the event of disputes
These conditions of sale are subject to French law. In the absence of an amicable resolution, the dispute will be brought before the French courts.
Article 11 : Archiving Proof
LUCKY ONE will archive the purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
The company’s computerized records will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 12 : Intellectual property
All the elements (graphics, images, texts, videos, logos) and any other content of the site www.luckyonebijoux.com are and remain the intellectual and exclusive property of the company LUCKY ONE, with the exception of brands, logos or content. belonging to other partner companies or authors. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
Article 13 : Confidentiality and personal data
For the management of orders and the follow-up of the company’s commercial relations, LUCKY ONE collects the personal information of the purchaser. They can be retransmitted to the partners of the company (La Poste, the DHL carrier), exclusively for the execution of the orders, in accordance with the present general conditions of the site. Personal data is confidential and In accordance with Law 78-17 of January 6, 1978 (amended by Law 2004-801 of August 6, 2004 on the protection of individuals with regard to the processing of personal data) relating to data processing, files and freedoms, the user has the right to access, delete, rectify and oppose personal data concerning him. Just write to LUCKY ONE by email or post.
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