GENERAL TERMS AND CONDITIONS
Article 1 : Object of the sale
Article 2 : Prices, Taxes, Delivery costs and Special offers
Article 3 : Reservation of ownership clause
Article 4 : Conclusion of the online contract
Article 6 : Simultaneous orders
Article 9 : Recommandations and maintenance
Article 11 : Returns, Refunds, Exchanges, Cancellations
Article 12 : Force majeure
Article 13 : Contract invalidity and modification
Article 14 : Applicable law and dispute
Conclusion
The present general terms and conditions are concluded by:
– the Nature Spells business which home office is located at 753 route de La Colle, Le Botticelli, 06270 Villeneuve-Loubet, FRANCE and registered at the French national institute for statistical and economic studies under the number 85400300100013, hereinafter called « the Seller »,
– and any physical or legal person proceeding to a purchase on the business website (www.nature-spells.com) or on a physical booth, hereinafter called « the Buyer ».
The following has been set out and agreed:
The Nature Spells business makes and sells handcrafted jewelry and home decor objects, hereinafter called « the products », commercialised through its website and its participation in fairs and markets. The list and description of the offered products can be consulted on the website mentioned above.
Except under specific conditions, the rights hereby granted are so only to the person signatory of the order (or the person who owns the given email address). Some paragraphs, like the one treating product care, concern people who own the products (who may have received them as a gift from the Buyer).
The present General Terms and Conditions (GTC) apply to all product sales achieved through the Seller's website or on fairs and markets and are an integral part of the contract between the Buyer and the Seller. The Seller reserves the possibility to change those GTC at any moment by publishing a new version on the website. The applicable GTC are those that were in effect at the moment of the order.
Preamble
These General Terms and Conditions determine the rights and obligations of the parties in connection with the online or physical sale of the products offered by the Seller.
All of the products offered by the Seller are unique and personal handcrafted creations or produced in collaboration with other craftsmen or women (mention will then be made in the description of the product).
The products can present irregularities due to the fact that they're handmade. The Seller takes all possible care that the products are sold and transported in the best possible conditions and that they cannot cause injury as they are. Glass elements are inherently fragile and must be handled with the greatest care. Metal elements, and glass and metal pendants in particular, must be handled with the greatest care, at the risk of breaking and to possibly cause injuries. An advice and maintenance guide, as well as a microfiber cloth, are included with each order to allow the Buyer to take the best possible care of his/her necklace purchase (see the dedicated article).
The ordered product may differ slightly from the pictures presented on the website although the Seller does everything possible to make them as representative as possible, especially in terms of size, colors and finishes. The parties therefore agree that the illustrations or pictures of the products for sale have no contractual value.
The essential characteristics of the products and their prices are made available to the Buyer on the business website. The latter certifies having received a detail of the delivery costs as well as the terms of payment, shipping, delivery and execution of the contract. The Seller agrees to fulfill the Buyer's order within the limits of stocks of available products only. Otherwise, the Seller will inform the Buyer.
Article 1 : Object of the sale
The prices of the products sold through the website are indicated in Euros (€) All Taxes Included precisely determined on the product description pages, shipping costs excluded.
A currency converter is available on each product page, powered by XE, to help the Buyer determine the cost in his/her own currency. Payment however will be made in Euros and the Seller is in no way responsible for any change fee applied by the Buyer's bank.
The shipping costs, invoiced in addition, are indicated when finalizing the order. They vary according to the product and its destination. When the option does not exist, the price indicated is €500. For orders for which the amount of the shipping costs is unsuitable for the selected product and/or the destination, the Seller reserves the right to cancel the sale.
For products shipped outside of mainland France, customs duties or other local taxes or import duties or state taxes may be due in certain cases. The Seller fills in the information sheet requested by customs according to what the package contains. These rights and sums are not the responsibility of the Seller. They will be borne by the Buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the Buyer to inquire about these aspects with the relevant local authorities.
Promotional prices and codes may apply. The promotional codes sent to the Buyer in advance (via the newsletter for example) are personal and must not be distributed. Their amount and period of validity are specified in the communication made to the Buyer.
Promotional prices, when there are any, are displayed directly on the product description page. The price that applies is the one displayed at the time of purchase.
Promotional codes and prices may add up but total promotions cannot go over 40%; the Seller reserves the right to cancel a sale in this case and in the event of fraudulent use of a promotional code (for example a promotional code for newsletter subscribers used by a person who is not subscribed to it).
The Seller reserves the right to modify the prices at any time in the future.
The telecommunication costs necessary to access the Seller's website are the responsibility of the Buyer.
Article 2 : Prices and Special offers
The products remain the property of the Seller until full payment of the price (except for the 4 interest-free payment offered by Paypal - see the dedicated article).
Article 3 : Reservation of ownership clause
The Buyer must follow a series of steps specific to each product offered by the Seller to be able to place his/her order. However, the steps described below are systematic: - Information on the essential characteristics of the product - Choice of the product and if necessary of its options - Redirection towards the payment of the product via the cart - Verification of the elements of the order and, if necessary, correction of errors - Indication of the essential data of the Buyer (postal address, etc.) - Follow-up of the instructions for the payment and payment of the products - Confirmation of the order - Preparation then delivery of the products.
The Buyer will then receive confirmation by email of payment for the order.
The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.
Article 4 : Conclusion of the online contract
Payment of the amount of the product(s) and delivery costs is due immediately upon order. Payment is made in Euros.
The Buyer can make the payment:
-
by debit card through the secure payment service Stripe
-
by debit card or bank transfer through Paypal.
For these two solutions, the debit will be immediate and the shipment prepared within the deadlines explained in the dedicated article.
Paypal can offer a 4 interest-free payment to certain customers (the Seller cannot intervene to offer it). The order is validated and the shipment made after the first payment. Paypal is responsible for recovering the next 3 payments.
On fairs and markets, the payment is processed through a Zettle POS terminal managed by Paypal.
These three payment services manage the security of financial transactions as well as the information necessary for them. Once the payment has been initiated by the Buyer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his/her bank information during the purchase, the Buyer authorizes Stripe or Paypal to debit his/her card by the amount relating to the price indicated for the benefit of the Seller. The Buyer confirms that he/she is the legal holder of the debit card and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the sale is immediately automatically resolved and the order canceled.
Article 5 : Payment
Article 6 : Simultaneous orders
The products are available in single original. In the event of an error in the functioning of the shop, if two orders are placed simultaneously before the update of the stock, the Buyer having ordered the product first (date and time of the order being proof) will see his/her order validated. The second will be reimbursed for their order or offered an equivalent product if it exists.
The order will be sent between 1 and 5 working days after receipt of payment (except if said otherwise in the header due to prolonged absence, for example).
In the event of a delay in shipment, the Buyer will be informed by email.
The products are stored in a packaging adapted to their specificities to allow them the best possible conditions of transport. For necklaces, it is an elegant packaging that can be used as gift packaging.
Article 7 : Shipment
Article 8 : Delivery mode
The products are delivered to the delivery address that was specified when ordering.
All shipments include tracking through French Post (“La Poste”). The Buyer will be informed by email by the Seller. Once the package is in the hands of the French Post (then the local service of the delivery country if applicable), the Seller cannot be held responsible for the delivery time.
When the order includes only one necklace, the package leaves in a letter format with tracking. Beyond and for other types of products, the shipment is made by Colissimo (parcel also with tracking).
The tracking of the order is done via the La Poste website with the tracking number indicated in the shipping confirmation email. For delivery to certain countries, tracking stops at the French or European border. The Seller is not responsible for the loss of packages by La Poste or the local service of delivery. In case of any problem, the complaint must be made to La Poste or the local service of the country of delivery and not to the Seller.
The Seller reminds that when the Buyer physically takes possession of the products, the risk of loss or damage to the products is transferred to him/her. It is the Buyer's responsibility to notify the carrier of any reservations regarding the package delivered and to refuse delivery. The package is closed with a strip of adhesive paper stamped with the Nature Spells logo; if this sealing has been damaged, it is recommended to refuse the package which is likely to have been opened.
Personal deliveries are made by appointment in the Seller's city of residence as indicated in the order process. If there is no response from the Buyer after 3 emails to set up the appointment, the order will be canceled. In the absence of the Buyer at the appointment without having previously informed the Seller, and the repetition of this situation a second time, the order will be canceled.
Article 9 : Recommandations and maintenance
All Nature Spells necklaces are delivered with a maintenance guide as well as a micro-fiber cloth to allow the Buyer or the person who owns the necklace (who may have received it as a gift from a Buyer) to take the best care of his/her necklace (storage, cleaning, handling, etc.). It is recommended to follow these tips to give the best chance for the product to age well over time. It is indeed recalled that the glass and metal medallions in particular are fragile parts to handle with care, and in particular not to hold them by their bail. For detailed advice, refer to the guide received. If this guide is lost, Nature Spells can be contacted and asked to send it by email.
Home decor items must be placed away from direct sunlight if possible in order to slow down the discoloration of the elements inside.
Not any organic part of the products made by the Seller (plant parts, mushrooms, animals) is meant for absorbing in any way (ingestion, smoking, etc.).
Article 10 : Repair
Repairs are supported under certain conditions to be exposed to the Seller by sending a message on the contact form.
Article 11 : Returns, Refunds, Exchanges, Cancellations
The Seller is receptive to the Buyer to find a solution that will best suit both parties.
Returns are accepted if the product is not entirely satisfactory. The return conditions are as follows:
- the product(s) must not have been used or worn,
- the product(s), packaging, gifts and protections provided must be undamaged,
- prior contact with the Seller by email using the withdrawal form,
- return of the product(s) within 14 days after delivery (the date indicated on the tracking being proof), packaging, protection and gifts included.
Purchases made on the Seller’s booth on fairs and markets benefit from the same conditions, in contradiction with the French law less favorable to the costumer which does not provide for the right of withdrawal at fairs and markets (article L224-59 of the French code of the consumption).
Purchases made at third-party stores are not eligible for returns.
The Buyer is asked to pack properly.
Return shipping costs are the responsibility of the Buyer and must correspond to the weight of the package and its destination. It is recommended to choose a tracked shipment and communicate the tracking number to the Seller. If the contents of the package are not in their original condition, are incomplete, have been used/worn, or never reach the Seller and in the absence of tracking, any loss of value is the responsibility of the Buyer.
Refund takes place within 14 days of reception of the package by the Seller. If partial or full refund is not possible (see previous paragraph), the Seller informs the Buyer by email as soon as possible. Refunds are processed through the same payment method as the purchase.
Given the unique and handmade character of each creation, exchanges and cancellations of orders are not accepted.
In the particular case of orders made to measure (except for the simple adjustment to the Buyer's neck as proposed by the Seller for certain products), returns are not accepted.
The execution of the Seller's obligations at the end of this agreement is suspended in the event of a fortuitous event or force majeure which would prevent its execution. The Seller will notify the Buyer of the occurrence of such an event as soon as possible.
Article 12 : Force majeure
If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 13 : Contract invalidity and modification
All the clauses appearing in these general terms and conditions, as well as all the purchases and sale operations which are referred to therein, are subject to French law (except in cases more favorable to the Buyer such as the right of withdrawal at fairs and markets described in the dedicated article).
In the event of a dispute between the Buyer and the Seller, they will endeavor to resolve it amicably (the Buyer will send a complaint throught the contact form to the Seller). In the absence of an amicable agreement or in the absence of a response from the Seller within a reasonable period of one (1) month, the Buyer within the meaning of article L.133-4 of the French Consumer Code has the possibility of contact, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the French Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the French Consumer Code, namely: La Société Médiation Professionnelle - Alteritae 5 rue Salvaing 12000 Rodez - www.mediateur-consommation-smp.fr
Article 14 : Applicable law and dispute
The Buyer, by confirming his/her order through payment, declares he/she has read all those General Terms and Conditions carefully and accepts them without restriction or reservation. The Buyer acknowledges that he/she has received the advice and information necessary to ensure that the offer meets his/her needs. The Buyer declares that he/she is able to contract legally under French law or validly represent the physical or legal person for which he undertakes. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.
Conclusion
LEGAL NOTICES
Trading name: Nature Spells
Legal representative: Fanny DUBOSCQ
Registration number: 85400300100013
Registered to the French national institute for statistical and economic studies on september the 1st 2019
Business home office: 753 route de La Colle, Le Botticelli, 06270 Villeneuve-Loubet, France (doesn't receive the public)
Website: www.nature-spells.com
Hosting: Wix
Email address: please use the contact form
Nature Spells designs, texts, photographs and other content produced by Nature Spells benefit from the protection of the intellectual property code. Any complete or partial reproduction without authorization is strictly prohibited. The brands, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Unless stated otherwise, I (legal representative) am at the origin of all the visuals (pictures, videos) and texts. My partner also takes certain photos which he allows me to use for Nature Spells. In the event that a picture or text is not mine, it will be credited to its author.
The content presented on www.nature-spells.com and its social networks (in particular texts, photos, shop) are made available to Internet users without guarantee. Nature Spells strives to ensure to the best of its ability, the accuracy and updating of the information provided, which content is liable to be corrected at any time and without notice. However, there may be errors, inaccuracies, imprecisions, omissions. The company cannot therefore be held responsible for any inconvenience or damage, direct or indirect, related to the use of the site or the interpretation of the content of the site (in particular the blog) whatever the causes, origins or consequences. Its responsibility could not be engaged, in particular in the event of rupture of the service or of computer virus. The company reserves the right to cut off access to the website at any time for maintenance reasons.
DATA CONFIDENTIALITY
In accordance with the Data Protection Act, you have the right to query, access, modify, rectify and oppose data concerning you, which you can exercise by contacting me here. By adhering to the General Terms and Conditions above, the Buyer agrees that the personal data necessary for any order on the site www.nature-spells.com are used for order management and customer account purposes, as well as making contact if necessary. The email address will be used as a priority, the telephone number is above all reserved for the delivery service.
By using the blogging interface of the site www.nature-spells.com via comments in particular, the user agrees that the personal data necessary for the operation of the blogging interface will be used for the purposes of managing this same interface (publication of comments and response) as well as communication operations of the company Nature Spells. These data will in no case be disclosed by the company Nature Spells which will never sell or transfer the personal data of visitors and users of its site.