Last updated: 08/28/2020
The purpose of these conditions is to set the terms under which L'Indochineur sells costume jewelry, decorative items, and artisanal tableware (hereinafter referred to as "the Product(s)") to customers, under its Rivêt brand, through the website www.studio-rivet.com (the "Site").
Rivêt is a trademark of L’Indochineur, a limited liability company registered in the Nanterre Trade and Companies Register under number 440 817 856 and whose registered office is located at 7 Boulevard de Stalingrad in Châtillon (92320); Phone +33 (0) 140930052; E-mail: firstname.lastname@example.org (hereinafter "L’Indochineur").
Acceptance of these General Terms and Conditions of Sale (the "Terms") implies the Customer's full and unreserved of these Terms.
All orders on the Site are subject to these Terms. These are subject to changes and updates; the conditions applicable to the order of a Product by a Customer are those in force on the day of the order.
These Terms exclusively govern L’Indochineur’s sales of Rivêt Products offered to buyers having the status of consumers (hereinafter the "Customer(s)") on the Site, and they specify the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers.
The Terms are enforceable against the Customer who acknowledges having read and accepted them by checking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.
Any Customer of the Site must be a consumer, a legally capable adult natural person. The Customer must create a customer account when placing their first order on the Site. For each order, the Customer must complete an order form specifying certain mandatory fields so that their order for Products can be processed by L’INDOCHINEUR.
Information provided to L’Indochineur when opening a customer account and when placing each order must be complete, accurate, and up to date.
L’INDOCHINEUR reserves the right not to proceed with an order if it does not originate with a customer who meets the criteria set out above.
The essential features of the Products are presented on the Site within each of the product sheets. If the Customer has any questions, they may contact L’INDOCHINEUR by e-mail at the following e-mail address: email@example.com.
4. Order process
To place an order, the following steps must be followed:
the Customer browses the Site and adds the Product to their cart, specifying the quantity;
the Customer verifies the Products added to the cart;
to remove an item, the Customer must click “Remove”; to change the number of items, they must edit the quantity and click “Refresh”;
the Customer can then complete their order or choose to continue shopping;
to conclude the purchase agreement and finalize the order, the Customer must complete the order form and fill in the personal data required for the order;
the Customer must choose their delivery method;
the Customer must choose their payment method;
it is the Customer's responsibility to verify the order details, especially the order total (including Product prices, delivery methods and fees, and VAT) and the Product quantity;
the Customer must read and accept the Terms;
the Customer then proceeds to payment.
The product prices are listed on the Site in euros, with VAT included. These prices do not, however, include customs fees or other taxes.
Customs fees and other taxes must be paid by the Customer directly to the carrier depending on the country of destination.
It is the Customer's responsibility to verify the accuracy of the information they provide.
L’INDOCHINEUR reserves the right to refuse, cancel, or terminate orders at any time, for legitimate and legal reasons.
L'Indochineur shall also be entitled to refuse any order placed by a Customer with whom there is a dispute relating to the payment of a previous order, as well as any order not in accordance with these Terms.
In these cases, L’INDOCHINEUR shall inform the Customer by telephone or by e-mail.
In the event that Products shown on the Site are no longer available or for sale at the time you place your order, L'Indochineur must notify you promptly, and no later than thirty business days from the day after your order is placed, of the possible unavailability of the ordered products. If you have already paid, L’Indochineur shall provide a refund for the full amount advanced for unavailable Products.
The contract is deemed to have been concluded upon L’INDOCHINEUR’s receipt of the order, after L’Indochineur has verified the accuracy of the order information.
After validation of the order, a receipt shall be sent by e-mail to the Customer, containing a summary of the order information (essential product features, price, payment methods, right of withdrawal, delivery times, and costs).
The Site offers payment via credit card. When the order is finalized, L'Indochineur confirms the payment by sending the Customer a summary e-mail.
The prices listed on the site are shown in euros, with all taxes included (French VAT and other applicable taxes at the time of ordering). Order processing and shipping and handling fees are shown before confirmation of the order.
L’Indochineur may change Product prices at any time and without notice, for reasons including but not limited to economic, legislative, or fiscal changes. The Products are invoiced based on the applicable price at the time the order is placed by the Customer.
The Products in each order remain the full and entire property of L’Indochineur until payment for that order is received in full by L’Indochineur.
Payment for purchases is made via Monetico, the secure payment platform from our partner Crédit Mutuel.
For delivery outside the European Union, the Customer shall have to pay customs duties or other taxes due when importing products into the delivery destination country. All formalities relating thereto are also the sole responsibility of the Customer. The Customer is solely responsible for verifying that it is possible to import the Products ordered vis-à-vis the destination country’s local laws.
Products are delivered to the delivery address indicated on the order form.
The package is delivered according to the shipping method chosen by the Customer and requires a signature upon delivery to the recipient (depending on the delivery method).
Products are delivered worldwide. Deliveries cannot be made to hotels or post office boxes.
Once your payment is received, your order is processed by L’Indochineur within two (2) business days
Once the order is shipped, the average delivery times given by the carriers are as follows: 48 hours for Express shipping via DHL; Two (2) to five (5) business days for Standard shipping in France via Colissimo; five (5) to ten (10) business days for international shipping via Colissimo.
If L’INDOCHINEUR is unable to deliver on the date or within the time period indicated in the order, the Customer shall have the option to cancel the order under the conditions provided for in article L 216-2 of the French Consumer Code, i.e. by registered letter with acknowledgment of receipt, provided that the Customer has already contacted L'Indochineur via registered letter with acknowledgment of receipt requesting delivery within a reasonable time period and L'INDOCHINEUR has not complied.
7. Receipt of products
Upon receiving the Product, the Customer must immediately check the condition of the packaging and the delivered Product in the presence of the carrier.
If, at the time of delivery, the packaging is damaged, torn, or opened, the Customer must then check the condition of the Products contained therein. If these Products have been damaged, the Customer must refuse the package and add a complaint to the delivery slip: damage, missing item, damaged package, broken item, etc. This inspection is deemed to have been carried out when the Customer, or a person authorized by them, signs the delivery slip.
The Customer must then confirm their complaint to the carrier by registered mail within no later than three days of receiving the Products (not including public holidays) and send a copy of this letter to L’Indochineur.
Failure to comply with said deadline shall not preclude any recourse that the Customer may take against L’Indochineur to obtain an exchange or reimbursement of the Products in the event of damage or anomaly to the Product at the time of delivery. Likewise, the Customer shall remain entitled to their right of withdrawal under the conditions of Article 9 above.
For any questions relating to legal guarantees, please contact:
L’Indochineur / Rivêt, Customer Service, 7 Boulevard de Stalingrad 92320 Châtillon – Phone +33 (1) 40 93 00 52 (cost of a local call in mainland France, area code rate from a landline, subject to change depending on operators) – email: firstname.lastname@example.org
Unless they are a legal person or a natural person acting for purposes related to their commercial, industrial, artisanal, or freelance business activity, the Customer benefits from the legal guarantees on the basis of which the Customer can act. L’Indochineur is therefore liable for any lack of conformity or hidden defects under the conditions provided for respectively by Articles L 217-4 et seq. of the French Consumer Code and 1641 and following of the French Civil Code.
Article L 217-4 of the French Consumer Code: The seller must deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any defects that result from the packaging, assembly instructions or installation if the seller was responsible for installation under the contract or installation was carried out under the seller's supervision..
Article L 217-5 of the French Consumer Code: In order to comply with the contract, the goods must: 1) Be fit for the purpose usually expected of such goods and, where applicable: – correspond to the description provided by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; – possess the qualities that a buyer may legitimately expect vis-à-vis any public declarations made by the seller, producer, or representative thereof, notably in advertising or on the labeling; 2) Or possess the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L 217-7 of the French Consumer Code: Any lack of conformity which becomes apparent within a period of twenty-four months from the date of delivery of the goods is presumed to have existed at the time of delivery unless proven otherwise. For second-hand goods, this period is set at six months. The seller can challenge this presumption if it is not consistent with the nature of the goods or the alleged lack of conformity.
Article L 217-9 of the French Consumer Code: In the case of a lack of conformity, the purchaser chooses between the repair and the replacement of the goods. However, the seller may decide not to proceed with the purchaser's choice if it entails a cost manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. The seller is then obliged to proceed, except where it is not possible, with the method the purchaser did not choose.
Article L 217-10 of the French Consumer Code: If repair or replacement of the goods is not possible, the purchaser may return the goods and receive a refund or keep the goods and receive a portion of the price. The same option is open to the purchaser: 1) If the solution requested, offered, or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the purchaser's claim; 2) Or if this solution cannot be implemented without causing the purchaser significant inconvenience, taking into account the nature of the goods and their intended use. The resolution of the sale cannot happen however if the defect is minor.
Article L 217-11 of the French Consumer Code: The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the purchaser. These same provisions shall not preclude any entitlement to damages.
Article L 217-12 of the French Consumer Code: Actions resulting from a lack of compliance are time-barred after a period of two (2) years following delivery of the goods.
Article L 217-16 of the French Consumer Code: Where the purchaser asks the seller, during the period of the commercial guarantee offered by the seller and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the purchaser submits its request or on which the product concerned is provided for repair, whichever comes first.
Article 1641 of the French Civil Code: The seller is obliged to guarantee against hidden defects in the item sold which might render it unfit for the use for which it is intended, or that might decrease this usefulness of the product to such an extent that the buyer would not have acquired it, or would have paid a lower price, had he known of the defect.
Article 1644 of the French Civil Code: In the cases of Articles 1641 and 1643, the purchaser has the choice of either returning the goods and receiving a refund of the price paid, or of keeping the goods and receiving a portion of the price paid.
Article 1648 paragraph 1 of the French Civil Code: Any action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect.
When taking action under the legal guarantee of conformity, the Customer:
has a period of two (2) years from the delivery of the goods to act;
subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
When taking action under the legal guarantee against hidden defects, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
9. Customer's right of withdrawal
Pursuant to Articles L 221-18 et seq. of the French Consumer Code, the Customer may cancel their order, at their discretion and without having to provide any justifying reason, by exercising their right of withdrawal. The Customer (or a third party designated by the Customer, with the exception of the carrier) can exercise this right within 14 days of receipt of the Product.
Before the end of this 14-day period, the Customer must inform L’Indochineur of their decision to withdraw either by cutting out and duly completing the withdrawal form found at the bottom of the Terms and sending it to L’Indochineur, or by sending an e-mail clearly and unambiguously expressing this decision and mentioning the order number to: email@example.com
The Customer must, at their own expense and risk (unless the product does not conform or has a manufacturing defect), send the Product back to L’Indochineur at the address listed on the withdrawal form no later than three (3) days after the Customer has expressed their decision to withdraw.
L’Indochineur strongly advises its Customers to use Colissimo or Lettre Max when returning products. The Customer also has the option to choose the carrier of their choice. It is therefore recommended that the Customer keep proof of this return, which would require the Products to be returned with parcel tracking, or by any other means that provides a certain date.
L’Indochineur must issue a refund, including delivery shipping costs (but not including return shipping costs), to the Customer no later than 14 days from the date on which L’Indochineur received the Product or the date on which the Customer provided L’Indochineur with proof of shipment of the Product.
Attach a copy of your purchase invoice and send us the tracking number of your package by e-mail.
Return address: L’Indochineur/Rivêt, 7 Boulevard de Stalingrad 92320 Châtillon, France.
The refund will be issued via bank transfer to the card used to pay the initial invoice.
To be eligible for a refund, items must be in new condition, they must not have been transformed in any way, and they must be in such a condition that they can be resold. Incomplete or damaged items will not be accepted.
Returned products may not be exchanged or replaced; rather, a new online order must be placed.
10. Effect of the contract
The contract takes effect as soon as it is concluded and cannot be terminated unilaterally by either party, unless the Customer uses their right of withdrawal under the conditions laid down by articles L 221-18 et seq. of the French Consumer Code.
11. Intellectual property
The Customer acknowledges that L'Indochineur's Products and distinctive signs (image, photos and photo composition, concepts, packaging, product names, texts, illustrations, etc.) are the exclusive property of L'Indochineur, particularly in regard to intellectual property, for as long as these rights remain in effect. This applies worldwide.
Certain Products have been registered as designs and are automatically protected by copyright.
The customer shall refrain from any act of reproduction or use of Product designs, packaging, photos, photo composition, concepts, product names, texts, illustrations, trademarks or distinctive signs, business secrets, techniques, or knowledge used by L'Indochineur, as well as any act aimed at appropriating these elements, whether or not they are protected by L’Indochineur as a trademark, design, or copyright.
As such, any reproduction not authorized by L’Indochineur shall constitute an infringement and shall be liable to legal proceedings.
12. Processing of personal data
For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookies Policy.
13. Settlement of disputes
In the event of a dispute, the Customer must first contact L’Indochineur Customer Service by calling +33 (1) 40930052 or by email at: firstname.lastname@example.org. In the absence of a solution within 21 days of the request, the Customer may refer the matter to the Joint Commission for the Mediation of Direct Selling, 100 Avenue du Président Kennedy, 75016 Paris, Phone: 01 42 15 30 00, E-mail: email@example.com, Website http://mediation-vente-directe.fr/ which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to handle, as part of a mediation process, disputes arising between L’Indochineur and the Customer.
14. Applicable law and competent jurisdiction
The Terms are subject to French law.
In accordance with French consumer law, in the absence of an amicable agreement, all disputes to which the Terms could give rise, concerning its validity, interpretation, execution or termination, and any consequences thereof, shall be submitted to the competent court in accordance with the rules of jurisdiction of common law.
Withdrawal Form (to be cut out)
(Please complete and return this form only if you wish to use your right of withdrawal regarding an order)
Attention: L’INDOCHINEUR – 7 Boulevard de Stalingrad – 92320 Châtillon
I hereby notify you of my withdrawal from the contract for the sale of the Product below: ………………………………………………………………
Ordered on (*) / received on (*): …………………………………………………………
Customer’s name: ……………………………………………………………………………………………………………………….
Customer’s address: ……………………………………………………………………………….………………………
Customer’s signature (only if using a paper copy of this form for notification):