The website accessible to the address "yourchoicejewellery.com" (hereinafter "YOUR CHOICE JEWELERY") is published and operated by the company FEARLESS CONCEPT DISTRIBUTION, a simplified joint-stock company (SAS) with a capital of 6 000.00 € whose registered office is at 578 Avenue Jean Marie Serrault 97200 FORT DE FRANCE, registered at the Register of Commerce and Companies Fort de France under the number 842 761 660.
The YOUR CHOICE JEWELERY Online Shop is the official online store of FEARLESS JEWELRY products in France.
VAT number intracommunity: FR 71 842761660
General Manager: Eleanor PROSPERE
Tel: +596 696 23 03 00
1. GENERAL TERMS
These General Conditions of Sale, concerning the sale on the internet of jewels (hereinafter "the Products"), apply between FEARLESS CONCEPT DISTRIBUTION carrying on business under the following trade name: YOUR CHOICE JEWELERY or FEARLESS CONCEPT (SAS) 578 Avenue Jean Marie Serrault 97200 FORT OF FRANCE (hereinafter referred to as "YOUR CHOICE JEWELERY") and the natural person or legal entity having entered into a sales agreement with YOUR CHOICE JEWELLERY, having agreed to these Terms and Conditions of Sale (hereafter the "Customer") in connection with a distance selling scheme. The act of ordering the Goods means full and complete acceptance of these Terms and Conditions of Sale, accessible at any time on the website: www.yourchoicejewellery.com" (hereafter the "Website") and which the Customer acknowledges having read prior to the order. These Terms and Conditions of Sale constitute the sole agreement between the Parties and take precedence over any other document. They govern all the steps necessary to place an order and monitor this order between the contracting parties. The Customer and YOUR CHOICE JEWELLERY are referred to hereafter jointly as the "Parties". Please read these terms and conditions carefully before placing an order with Our Company. By ordering with us, you are notifying us of your agreement to these terms and conditions. In case of divergence between the French and the English texts of these Terms and Conditions of Sale, the French version shall prevail.
2. GOODS AND AVAILABILITY
The Goods offered for sale by YOUR CHOICE JEWELLERY are those shown on the Website on the day of the Customer’s visiting the Website. The Goods are offered for sale subject to availability of stock. YOUR CHOICE JEWELLERY cannot provide more detailed information concerning the availability of the Goods than is shown on the Website. When processing the order, we will inform our customer by email as soon as possible whether the Goods that the Customer has ordered have proved to be unavailable and will not invoice those Goods. Goods offered for sale are described with the greatest possible accuracy. To obtain additional information, the Customer can contact us by phone: +596 696 90 81 86, by email, or through his ''customer account''. YOUR CHOICE JEWELLERY draws the Customer's attention to the fact that the photographs illustrating her Goods may prove slightly different from the actual appearance of the Goods, owing to the Customer's screen settings and the lighting at the time the photographs were taken.
3. SHIPPING COSTS
Free! Are not subject to the VAT of each country of delivery for all packages between 0-10 kg
After having received an order, we will send an e-mail to the Customer confirming same. we will also inform the Customer of the shipment of his items.
5. CONCLUSION OF THE CONTRACT
in accordance with the provisions of the Civil Code on the conclusion of contracts online, the contract will be concluded when the customer clicks on the button allowing him to confirm his order. The customer can validate his order after having visualized the details particularly its total price and having had the possibility to correct possible errors.
6. RETENTION RIGHTS
Title to the Goods delivered will remain with YOUR CHOICE JEWELLERY until their delivery to the carrier.
7. PRICES AND PAYMENTS
Prices are shown in Euros, including all taxes, except shipping charges will remain the Customer's responsibility, unless special endorsements or conditions dictate otherwise. Despite our best efforts, it may happen that Goods shown on the Website are priced incorrectly. We will verify the price at the time of processing the Customer's order and before any payment is made. Should it happen that YOUR CHOICE JEWELLERY has made an error in the price shown and that the actual price is more than that shown on the Website, we may contact the Customer to ask whether he wishes to purchase the Goods at their true price or whether he prefers to cancel the order. If the true price is less than that shown, we will invoice the lower amount and send the Goods to the Customer. All orders, regardless of the country from which they were placed, are payable in Euros and USD. Payments can be made by:
- Credit Card
- Wire transfer
Unless the Parties arrange otherwise concerning the time of delivery, YOUR CHOICE JEWELLERY will deliver the goods by transferring physical possession or control to the Customer without unreasonable delay, but no later than thirty (40) days after signing the contract. If YOUR CHOICE JEWELLERY fails to deliver the Goods within this period of thirty (30) days, the Customer will instruct us to arrange for delivery within an extended period appropriate to the circumstances. If YOUR CHOICE JEWELLERY fails to make the delivery within said extended period, the Customer shall be entitled to terminate the contract.
If the Customer is a European Union consumer, he will have the right to cancel the contract he has signed with YOUR CHOICE JEWELRY, without giving any reason, during a cooling-off period of seven (15) days. This cooling-off period ends after seven (15) days, starting from the day when the Customer, or a third party other than the carrier and named by the Customer, physically takes possession of the Goods. If the Customer has, through a single contract, ordered a number of items that are delivered separately, the cooling-off period of seven days ends on the day that the Customer, or a third party other than the carrier named by the Customer, physically takes possession of the last item. In the event of cancellation, the Customer will be refunded all the payments that he has made, including shipping charges, at the latest within the thirty (30) days following the date on which he informed us of his decision to cancel the contract. However, YOUR CHOICE JEWELLERY will not be obliged to return extra shipping charges if the consumer explicitly chose a method of delivery other than the cheapest standard delivery method offered by YOUR CHOICE JEWELLERY. We may nevertheless defer any refund of payments made until the Goods are recovered, or until the Customer has provided proof of shipment of the Goods, the authentic date being that of the first of these events. We will make any refund using the same means of payments as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method of payment, provided the refund does not cause any expenses for the Customer. In the event of contract cancellation, the Customer shall return or deliver the Goods to YOUR CHOICE JEWELLERY or to a person authorised by the latter to receive same, without excessive delay and, in any event, no later than fourteen (14) days after communication of his decision to cancel professional contract in accordance with Article 11. The Customer shall bear the direct costs caused by returning the Goods. In case a customer wishes to exercise his right of retraction, he/she can return the product to the following address:
FEARLESS CONCEPT DISTRIBUTION at 578 Avenue Jean Marie Serrault 97200 FORT DE FRANCE, MARTINIQUE. The Customer accepts liability for depreciation of the Goods caused by handling other than that necessary to determine the nature, characteristics and serviceability of those Goods. A Customer who orders clearly customised Goods or according to his own specifications shall not have any right of cancellation. If we agree to replace damaged Goods, or Goods that are not those ordered, the Customer shall return the original Goods within thirty (30) days following confirmation of their replacement. If the Customer fails to comply with this obligation to return damaged or non-conforming Goods within thirty (30) days, although he has already received the replacement Goods, YOUR CHOICE JEWELLERY reserves the right to debit the account used for the purchase with an amount equal to the price (including VAT) for the damaged or non-conforming Goods which the Customer has not returned. In this case, a Customer who has received replacement Goods without returning the damaged or non-conforming Goods will be deemed to have made a second purchase, with a condition precedent applied. This condition precedent shall be enforced if, after thirty (30) days following shipment of the replacement Goods, the damaged or non-conforming Goods have not been returned. YOUR CHOICE JEWELLERY becomes the owner of returned items only on their arrival at the return address. The provisions of the Luxembourg Consumer Code [Code de la consommation] covering the legal guarantee of conformity are applicable.
10. CUSTOMS AND EXCISE
If the Customer orders Goods from YOUR CHOICE JEWELLERY to be delivered outside the European Union, it may may be required to pay import duties and taxes, which are collected when the package arrives at its destination. Any extra customs clearance costs will be the Customer's responsibility; we have no control over these costs. As customs policies vary significantly from one country to another, the Customer must therefore contact the local customs and excise department for more information. Moreover, it should be noted that, if the Customer places an order on www.yourchoicejewellery.com, he is considered as the official importer and must comply with all the laws and regulations of the country in which he receives the Goods. Protection of the Customer's privacy is important to us and we care to draw attention towards our international Customers to the fact that cross-border deliveries are liable to be opened and inspected by the customs authorities.
11. LIABILITY OF YOUR CHOICE JEWELLERY
The Customer benefits from the provisions of the legal guarantee of conformity and against hidden defects. With the exception of deliveries in Luxembourg, YOUR CHOICE JEWELLERY refuses any liability should the delivered Goods not comply with the legislation of the country of delivery.
YOUR CHOICE JEWELLERY agrees to take all precautions customary in the profession for providing the service offered to the Customer. However, YOUR CHOICE JEWELLERY cannot be held liable in the event of delay with or default of its contractual obligations if the delay or default is due to reasons beyond its control: Act of God or case of force majeure as defined by the applicable law. YOUR CHOICE JEWELLERY shall not be held liable in the event of delay due to supplier stock shortages. Neither shall YOUR CHOICE JEWELLERY be held liable in case of minor differences between the photographs presenting the items and the wording shown on "", and the delivered Goods. YOUR CHOICE JEWELLERY shall not be held liable in the event of a delay to or failure to fulfil an order which was due to a failure of the Website until the Customer has received a confirmation of his order.
YOUR CHOICE JEWELLERY shall use all means at its disposal to provide the services covered by these Terms and Conditions of Sale. Regarding relationships with other traders, YOUR CHOICE JEWELLERY shall not incur any liability for loss of profits, lost sales, loss of data or loss of earnings, or for any other indirect damage resulting from the use of the Website or the signing of a sales contract between us and you.
12. CHANGES TO THE SERVICE OR CONDITIONS OF SALE
YOUR CHOICE JEWELLERY reserves the right to make changes to its Website, its procedures, and to its terms and conditions, including these Terms and Conditions of Sale, at any time. The Customer is subject to the terms and conditions, procedures and Terms and Conditions of Sale in force at the time he orders Goods, unless a change to these terms and conditions, or to these Terms and Conditions of Sale, is required by law or by an administrative or governmental authority (in this case, this change can be applied to earlier orders that the Customer has placed). If any provision of these Terms and Conditions of Sale is deemed invalid, null or inapplicable, whatever the reason, this provision will be deemed severable and will not affect the validity and effectiveness of the remaining provisions.
13. ARCHIVING AND ACCESSIBILITY OF CONTRACTS CONCLUDED
The contracts concluded on our website: (data relating to your order and TGC on the day of your order) are archived for a duration of 10 years. You can access the archived contracts by sending an e-mail to firstname.lastname@example.org or by post. The languages proposed for the conclusion of the contract are English, French, Spanish, German, Swedish and Italian.
If the Customer breaches these Conditions of Sale, YOUR CHOICE JEWELLERY reserves the right to exercise its legal rights and remedies.
YOUR CHOICE JEWELLERY does not sell Goods to minors. YOUR CHOICE JEWELLERY sells Goods for children for purchase by adults. If the Customer is aged under 18, he may only use www.yourchoicejewellery.com under the supervision of a parent or a guardian.
The buyer may resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
17. APPLICABLE LAW
These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. The competent court is the district court for disputes whose amount is less than or equal to € 10,000 or the court of first instance for disputes over € 10,000.
This is so for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will first contact the seller to obtain an amicable solution.