Terms of sale

The online shop www.neo-jewelry.fr is operated by the company KOSHEEN SAS with a capital of 205,000 €, having its registered office at 102 Avenue des Champs Elysees, 75008 Paris, registered with the Paris Register of Commerce and Companies under number 488873944 (hereinafter "Neo"). E-mail: info@digiorgio.fr

ARTICLE 1: SCOPE

These general terms and conditions of sale govern the sale of products presented on the www.neo-jewelry.fr website (hereinafter the "Site"). Any order implies full acceptance of these general terms and conditions of sale, which are intended to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Neo. The products offered by Neo are reserved for adults or minors who have parental authorization to place an order on the Site.

ARTICLE 2: OFFER
Our offers of products, services and delivery terms are indicated in Euros and are valid within the limit of available stocks.

ARTICLE 3: PRICES
3.1 - All prices of our products are indicated in Euros and take into account the French VAT in force. Any change in the VAT rate could be immediately reflected in the prices. These prices do not include shipping costs.

3.2 - In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and taxes are not the responsibility of Neo. They are at your expense and are your full responsibility both for declarations and payments to the competent authorities and organizations in your country. We recommend that you inquire about these aspects with the local authorities of your country.

3.3 - Neo reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of order registration, as indicated on the Site.

3.4 - The products remain the property of Neo until full payment is received by Neo.

3.5 - The products and services sold on the Site are reserved for private individuals.

ARTICLE 6: RIGHT OF WITHDRAWAL
The customer has a period of seven clear days to exercise his right of retraction without having to justify reasons or pay any penalties except for the return costs, as soon as the product is returned to Neo in its original state and in its original packaging. In this case, Neo will proceed to the refund of the product upon receipt by Neo of the product, complete, in its original condition and in its original packaging. However, in accordance with the provisions of article L. 121-20-2 of the French Consumer Code, goods and objects made according to the customer's specifications or personalized at the customer's request cannot benefit from the right of retraction and will not be taken back or exchanged, except in the case of the guarantee of defects affecting the object sold being invoked.

ARTICLE 8: CLAIMS, SETTLEMENTS, DISPUTES
In the event of a dispute, an amicable solution will be sought before any legal action is taken, it being recalled that this search for an amicable solution does not rule out the legal guarantees of conformity of the good to the contract and the hidden defects from which the customer benefits. In the absence of agreement between the parties, any legal action will be brought before the Commercial Court of Paris.

ARTICLE 9: DURATION
Offers are valid while stocks last and without prior notice of the end of an offer.

ARTICLE 10: ACCEPTANCE AND CANCELLATION
Any order is deemed firm and may only be cancelled with Neo's express consent and on conditions that will compensate Neo for any prejudice or damage caused by such cancellation.

ARTICLE 11: INTELLECTUAL PROPERTY
All the jewels presented on the site or visual or sound elements of the Site are protected by copyright, drawings or trademarks. They are the exclusive property of Neo. Any deterioration, as well as, in the absence of authorization, any representation, reproduction, modification, commercial use, total or partial, of the various elements of the Site is prohibited and exposes its author(s) to prosecution. Any user who wishes to create an electronic link to the Site must request prior authorization from Neo.

ARTICLE 12: DATA LIABILITY
Neo makes every effort to ensure the confidentiality and security of any data that may be entered or transmitted on the Site. Neo does not store our customers' credit card data following payment. In accordance with the French law "Informatique et Libertés" of January 6, 1978, you have the right to access and rectify data concerning you. All you have to do is to send us by mail the opposition of access to your personal data by proving your identity.

ARTICLE 13: FORCE MAJEURE
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as a fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within a period of one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued or, where appropriate, the order cancelled.

ARTICLE 14: TERMS OF GUARANTEE AND AFTER-SALES SERVICE
Any manufacture, regardless of the care, attention or quality of the materials used involves, despite rigorous control, risks of manufacturing imperfections that require appropriate treatment. Neo has published for this purpose and to meet the needs of its customers, the charter below, allowing everyone to appreciate the extent and limits of the guarantees provided.

A) GUARANTEES:

Neo jewellery benefits from a double guarantee.
a) Warranty against hidden defects
This warranty is exercised under the conditions expressly defined by law and within the time limit for appeal.
In the event of a hidden defect affecting a piece of Neo jewellery, the Company undertakes to replace the item within 4 weeks of the return by the individual, provided, however, that it is a piece of jewellery still listed in the catalogue of the Brand.
Otherwise, a replacement item equivalent in value will be offered.

b) Contractual guarantees.

Neo jewels are also guaranteed by the company under the conditions specified below, for a period of six months from the date of sale, transaction made on the site.
The warranty covers any modifications, alterations, damage to the jewelry inherent to the manufacture or nature of the material used.
Are excluded from the warranty:
- Articles damaged by abuse or by a use not consistent with nature, coating, material used by the manufacturer. Contact with detergents, sea or swimming pool water, lacquer, perfumes of acidic products or any other liquids that may alter the coatings, materials or simply modify their appearance is prohibited.
- The Company reserves the right to assess, at its own discretion, whether the conditions of the contractual guarantee are met, upon receipt of the defective article.

1) Exercise of the guarantee:

Prior to and before any shipment, the individual must:
- provide proof of purchase, with date and reference. (invoice or copy of the transaction made on the site.....)
- send the article in a specially adapted envelope to avoid any damage, to the Company's head office.

2) Intervention procedures within the framework of the above guarantees:

- hidden defect: The Company will proceed with the outright replacement of the defective article within a period of fifteen days, subject to availability in stock.
Otherwise, a period of three to four weeks will be necessary
- contractual guarantee: when the Company, upon receipt of the jewel and the dated and referenced proof of purchase, has estimated that the guarantee applies, it will proceed as follows:
Repair of the item, if technically possible within a period of 3/4 weeks
Replacement of the same item, subject to availability in stock, within 3/4 weeks.
Items shipped by the private individual are at the expense of the latter who also assumes the risk of loss or damage.
The return of jewellery for which the Company will have accepted the implementation of one of the two guarantees above, will be insured by the supplier and at its expense.

B) AFTER-SALES SERVICE

The Company provides after-sales service under the restrictive conditions specified below.

This intervention is part of a long-lasting commercial relationship between the customer and the supplier intended, in the mutual interest, to facilitate the maintenance of commercial links.
Repairs are invoiced according to the extent of the damage suffered by the jewel.
A minimum charge of 25 € will be applied, including postal charges for reshipment. The sending of the item for repair supposes the acceptance, without any other formality, and the commitment of payment of the above mentioned fixed price.
If the cost exceeds the fixed price, the Company will inform, by Mail, the amount to be paid and after confirmed agreement, the jewel will be repaired.
The latter will be carried out within 3/4 weeks.
When the jewel is technically or economically irreparable, it will be scrapped or returned to the professional against payment of postal charges.


APPLICABLE TEXTS

Article L. 211-4 of the Consumer Code

The seller is required to deliver a good that conforms to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when this was made at his expense by the contract or was carried out under his responsibility.

Article L. 211-5 of the Consumer Code

To be in conformity with the contract, the goods must: 1° - Be fit for the use usually expected of a similar good and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° - Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.