Scope of application of the present General Terms and Conditions of Sale
The general terms and conditions of sale (hereinafter the “GTC”) of the site “www.atelier-ballestra.com” (hereinafter the “Site”) apply to any order for products offered for sale on the Site by the company Atelier Ballestra, whose registered office is located at 7 Rue des Roses MONACO (98000), registered in the Trade Register of Monaco under the number (telephone: +377 93 50 20 15 / e-mail address: ste.ballestra@hotmail.fr). As such, any order placed by a person (hereafter the “Customer”) on the Site implies the full and whole acceptance of the GTC.
The GTC applicable to the sales contract between Atelier Ballestra and the Customer are those in force on the day of validation of the order by the Customer. They apply to the exclusion of all other conditions.
Atelier Ballestra reserves the right to adapt or modify the GTC at any time and without prior notice, the adaptations or modifications then being immediately applicable to all orders placed after these adaptations or modifications without formality, which the customer irrevocably and unreservedly accepts.
Article 1 – Ordering on the Site
Conditions of the product order
To place an order on the Site, the Customer must be of legal age and have the legal capacity to conclude contracts.
The Customer is informed that the Site is intended to offer products only to final consumer customers. Consequently, the Customer declares that he/she does not purchase products on the Site for direct or indirect commercial purposes.
Any order placed in violation of the above conditions and declarations will be considered void.
Creation of a Customer Account
When placing a first order on the Site, any new Customer may create a customer account (hereinafter the “Customer Account”), by registering an identifier and a password composed of alphanumeric characters. In order to create a Customer Account, the Customer must provide personal information such as last name, first name, email address and confirm that he/she is of age. However, the creation of a Customer Account is not compulsory and it is possible to order on the Atelier Ballestra site without having a Customer Account.
It is the customer’s responsibility to ensure the secrecy of their password. Atelier Ballestra is not liable in the event of fraudulent use of the Customer Account by a third party, which the Customer accepts without exception or reservation.
Ordering procedure
Placing an order on the Internet Site is subject to strict compliance with the procedures described below, which are shown on a succession of different screens indicating the successive stages that the customer must follow in order to validate the order.
1- First step: Selection of products by the Customer
The Customer will have to enter and validate the identification and the quantity of the products he wishes to order. The products will be automatically added to the “My Cart” section.
2 – Second step: Verification of the selected products
Any order on the Site is, prior to its validation by the Customer, the subject of a summary table mentioning the product(s) ordered, their quantity and their price. Before the validation of the order, the Customer can freely modify his “Basket” by deleting a product initially chosen or by adding an additional product, the whole while clicking on the corresponding elements placed at his disposal within his “Basket”. The price of the products is automatically displayed in the ” Shopping Cart “.
3 – Third step: Confirmation of the selected products – Validation of the order
Once the Customer has completed his selection, he will have to validate the composition of his ” Shopping Cart ” in which the price of the item(s) is automatically displayed.
The Customer will then have to choose one of the delivery methods listed in article 4 below and validate the delivery address of the order, it being specified that the delivery costs are free.
The order is then confirmed and validated by the Customer by means of a “click” on the “XXXX” button at the bottom of the summary table to submit the order.
The Customer will then have to choose his payment method, fill in the corresponding form and then click on the “Finalize my order” button in order to debit his credit card, his Paypal account or to wait for his bank transfer within 3 days. As long as this action is not carried out, the order is not final and the Customer always has the possibility of returning to his “Shopping Cart”.
Clicking on the “Finalize my order” button constitutes an electronic signature as provided for in articles 1163-1 et seq. of the Monegasque Civil Code, and corresponds to the validation of the order and the acceptance of the terms defined by these GTC. The Client therefore irrevocably authorizes his bank in advance to debit his account on the basis of the records or statements transmitted by the Company, even in the absence of invoices signed by the cardholder.
Once the order is finalized according to the procedure below, the order number will be displayed. The customer is advised to save and/or print out the order reference on paper so as to keep it and be able to justify it if Atelier Ballestra asks for it.
4 – Fourth stage: Validation of the order by Atelier Ballestra
Once payment has been validated, Atelier Ballestra will acknowledge receipt of the order in the form of an e-mail sent to the e-mail address provided by the customer.
The sale shall be deemed final once Atelier Ballestra has sent the order acknowledgement.
This confirmation e-mail shall include all the information communicated by the customer and shall specify the terms and conditions and the delivery period, which may not exceed thirty (30) days. This e-mail will be sent as soon as possible. The customer must therefore provide an accurate and active e-mail address when providing their details.
If Atelier Ballestra finds an error or inconsistency in the information provided (e.g. incorrect delivery address), the Customer will be informed by e-mail or telephone, as appropriate. If the Customer fails to correct the erroneous information contained in the order within fourteen (14) days of being informed, Atelier Ballestra reserves the right to simply cancel the order and the payment, subject to a fixed processing fee of 100 euros. In this case, the customer will be reimbursed for his or her purchases within a maximum of thirty (30) days, after deduction of the aforementioned fixed processing costs.
The customer expressly waives any claim whatsoever with regard to this cancellation.
Refusal of the order by Atelier Ballestra
In accordance with Monegasque law, Atelier Ballestra reserves the right to refuse an order placed on the Site for a legitimate reason, in particular and without this list being exhaustive, in the event of payment difficulties, foreseeable delivery difficulties or an order deemed abnormal, in particular with regard to the quantity of products ordered, the professional capacity in which the Customer is acting or suspicions of fraud.
Article 2 – Products and services
Only the products and services offered on the Site on the day of the order, and where applicable identified as being available, may be sold to the Customer. In the event that all or part of the products ordered by the Customer are unavailable, Atelier Ballestra undertakes to inform the Customer by e-mail as soon as it is aware of such unavailability. The Customer will then be reimbursed for its order within a maximum of thirty (30) days of this information.
Atelier Ballestra is authorised to withdraw products from sale at any time.
The photographs and graphics illustrating the products on the Site are provided for illustrative purposes and are not contractual. Consequently, Atelier Ballestra may not be held liable for any error or minor omission in any of these photographs or graphics.
The Customer is also required to consult the description of each product – which alone is authentic – to find out its precise characteristics, and possibly the conditions of maintenance and use. The Customer is invited to contact the Customer Service (see article 9 below for contact details) for any additional information he may require.
It should be noted that product manufacturers may, at any time, modify the technical composition of the products in question. Atelier Ballestra is therefore authorised to modify the description sheet at any time, and its liability may not be sought if it has not done so, and the Customer undertakes to obtain information directly from the brand by any means. Atelier Ballestra is also authorised to modify the product description in order to make any improvements it deems useful.
In addition to the products offered on the Site, Atelier Ballestra may offer accessory services: engraving, sizing, etc. …. Some of the services presented on the Site are, however, only available in boutiques, in accordance with what is specified on the Site.
The Seller reserves the right to cancel or refuse any order in case of price error, especially if the displayed price is very different from the real price, almost derisory.
Article 3 – Prices and payment – Invoicing
Prices
The prices in force are those appearing on the Site at the time of the order except for obvious errors. The prices are firm and non-revisable during the period of validity of the offer indicated on the Site. They are indicated in Euros, inclusive of all taxes. The value-added tax is that in force on Monegasque territory on the day of the order. Atelier Ballestra is authorised to pass on any change in the applicable rate to the prices of products and services at any time and without prior notice.
Atelier Ballestra may not be bound by the display of an erroneous price that is clearly derisory, for whatever reason (computer bug, manual error, technical error). In this case, Atelier Ballestra will inform the customer as soon as possible and the order will be cancelled.
The products are offered for shipment and the Customer will be informed of this on the order summary form.
Atelier Ballestra reserves the right to offer promotional codes. These promotional codes can only be generated by Atelier Ballestra and will not be applicable to the price of products that are already subject to other promotions of any kind (sales, price reductions, etc. ….).
Payment
Customers may pay for their orders online by credit card up to €50,000 (CB, Visa, MasterCard, Amex), by bank transfer or via the Paypal service.
In order to make a payment by credit card, the Customer must provide his credit card number and/or bank details by filling in the online payment form
By providing their bank card number and/or bank details, the Customer unconditionally accepts in advance that Atelier Ballestra may proceed with the secure transaction. The Customer therefore authorises its bank in advance to debit its account on the basis of the records or statements transmitted by Atelier Ballestra. In the event that the issuer of the Customer’s bank card refuses to authorise payment, it is the Customer’s responsibility to contact the issuer to resolve the problem.
The Customer’s bank card is debited in full on the day the order is validated by Atelier Ballestra.
Under no circumstances may Atelier Ballestra be held liable in the event of fraudulent use of a bank card as a means of payment to make a purchase on the Site.
In order to pay for an order using the Paypal service, the Customer must enter his Paypal login and password in the form.
Article 4 – Delivery and shipping
Delivery time
The delivery times indicated are in working days and run from the receipt of the e-mail confirming that the carrier has taken charge of your package. They correspond to the average time usually observed and correspond to the time of shipment of the order, excluding the time of preparation of the order.
When a single order concerns several products and these have different delivery dates, the delivery date of the order to be taken into account is the one mentioned as the furthest away, subject to the possibility for Atelier Ballestra to split the shipments. In all cases, the customer is offered a contribution to processing and shipping costs.
Products are delivered to the delivery address indicated by the Customer at the time of and in the context of the order. Atelier Ballestra may not be held liable for any problems with the delivery or for any failure to deliver.
Home delivery
The customer may have the products delivered to the address indicated when ordering.
For products in stock at the time of the order, the Customer has an option between two types of delivery:
He can come and pick up the product(s) in the store,
Delivery by Specialized Carrier within an average and indicative time as from the day following the sending of the electronic mail confirming the assumption of responsibility of your parcel by the carrier (non-contractual duration as an indication),
In France from 2 to 5 working days,
In Switzerland from 3 to 7 working days,
In the European Union from 3 to 7 working days,
Other destinations from 5 to 15 working days.
It is specified that orders placed on the Site on Friday afternoon, Saturday or Sunday are processed the next business day. Orders placed on the Site on a holiday other than Friday, Saturday and Sunday are also processed on the next business day.
Damaged parcel
Any reservation on the condition of the package (open or damaged package) must be immediately notified to the carrier at the time of delivery in case of hand delivery. The Customer must also contact Customer Service (see article 9 below for contact details) within two (2) days of delivery of the order so that Atelier Ballestra can contact the carrier without delay. If no reservations are made about the condition of the parcel at the time of delivery, when it is delivered by hand, or in the absence of notification of this to Customer Services within the aforementioned period, the parcel will be considered to have been delivered in good condition and valid, with all the necessary consequences.
Delay in delivery
In the event of a delay in delivery in relation to the scheduled date, the Customer is invited to check the status of his order directly on the carrier’s website via the shipping number. In case of difficulty or delay of more than 7 days, the Customer is invited to contact the Customer Service (see article 9 below for contact details). If the product is located by Atelier Ballestra, it will be redirected to the Customer’s home at Atelier Ballestra’s expense. If the product is not located, Atelier Ballestra undertakes to refund the full price paid by the customer when the order was placed within a maximum of sixty (30) working days following the initially scheduled delivery date.
Article 5 – Right of withdrawal / conditions of return / conformity of the products
Retraction period
The Buyer has a right of withdrawal of fourteen (14) calendar days from the date of receipt of his order.
The right of withdrawal that the Buyer has relates to the various products of his order and is not obliged to be on the entirety of the Products. It is recalled that the right of withdrawal can not be exercised on the personalized Products.
The Purchaser shall inform Atelier Ballestra of his/her decision to withdraw by sending it, before the expiry of the aforementioned period, the duly and fully completed withdrawal form, also available on the Site under the heading “Services – Product returns”, or any other unambiguous statement expressing his/her wish to withdraw, either by e-mail to: online@zegg-cerlati.com, or by post to : Atelier Ballestra – SAM de BIJOUTERIE Service E-Commerce, Place du Casino, 98000, MONACO.
Proof of the effective exercise of the right of withdrawal shall be the responsibility of the Customer.
The product must be returned in its original packaging and in perfect condition, in order to request an exchange or refund without penalty, except for the return shipping costs, which remain the responsibility of the Customer (except for exceptions, see below). When the deadline expires on a Saturday, a Sunday, a holiday or a day off, it is extended until the next business day.
The refund will be made no later than thirty (30) days from the date on which Atelier Ballestra was informed of the Purchaser’s decision to withdraw.
Shipping costs incurred for the return of the product shall be borne by the Customer, except where the return is motivated by the non-conformity of the products or their defectiveness. The Customer is reminded that the returned products travel at his own risk. It is therefore recommended that they take out insurance, depending on the value of the products returned. Atelier Ballestra shall not be held liable in this respect for any reason whatsoever.
Return procedure
Customers may return their order within the aforementioned period by post or specialised carrier to the following address: “Atelier Ballestra – SAM de BIJOUTERIE E-Commerce Department, Place du Casino, 98000, MONACO”.
A refund will be made if the product is returned in accordance with the conditions defined above. The shipping costs incurred for the return of the product are at the expense of the Customer except when the return is motivated by the non-conformity of the products or their defectiveness. The Customer is reminded that the returned products travel at his own risk. It is therefore recommended to take out insurance, depending on the value of the returned products.
All product returns must be made by mail or specialized carriers. The customer must imperatively join to his parcel, the return form downloadable on the Site (heading “My account”, “Frequently asked questions”), which – once selected – will be sent to his email address by our “hotline” in charge of the returns. Our hotline can be reached from Monday to Friday at the following times: from 10:00 am to 1:00 pm and from 2:00 pm to 6:00 pm GMT at the number +377.99.99.66.21. The return form must be printed out and enclosed with the return parcel and sent to Atelier Ballestra within a maximum of fourteen (14) days of receipt of the product.
Packages that do not include a valid return slip or that do not meet the return conditions listed in the notice delivered with the original package will not be processed by Atelier Ballestra and will be reshipped as is to the last known address of the Customer. It will not therefore give rise to a refund.
Returns to the store
The Customer may return a product to an Atelier Ballestra store and will be issued with a credit note of the same value as the returned product. The value of the product corresponds to the value of the product on the day of the order. No refund will be made.
In the case of a return to a store, the Customer must provide proof of identity, the invoice available in the Customer Account and the bank card used to place the order.
Limits
In all circumstances, the products must be returned in their original case or packaging, accompanied by the instructions and the guarantee provided with the products. The products must not have been worn and must be in perfect condition, without any damage or alteration (chips, scratches, customizations, engravings, or adjustments to the size of the bracelet).
The right of withdrawal does not apply to products that have been customized at the request of the customer (such as engravings, sizing)
Article 6 – Warranty / After Sales Service :
Manufacturer’s warranty
The products marketed by Atelier Ballestra are covered by a supplier’s warranty of 12 to 24 months from the date of purchase, depending on the brand. This guarantee covers any manufacturing or operating defect under the conditions defined in the guarantee notice, drawn up under the responsibility of the manufacturer, and which is supplied when the product is purchased.
For any return under the warranty, the product must be taken by the Customer to one of the Atelier Ballestra stores, at the Customer’s discretion, or sent back by post, on presentation of the warranty certificate and the purchase invoice, if applicable.
For more information on the supplier’s warranty and the cases of exclusion, the customer is invited to consult the warranty notice.
Legal warranty
Independently of the above-mentioned contractual guarantees, the Customer benefits from the legal guarantees applicable in the Principality of Monaco and identical to those which would apply to a purchase in a store.
AFTER-SALES SERVICE
Apart from any particular guarantee, the Customer has the possibility of benefiting from after-sales services in the store, which are responsible for repairing certain technical problems that have arisen after the purchase of a product. In the case of particular repairs, the customer will be offered to send the article to a specialized workshop after drawing up an estimate.
Article 7 – Contact and Hotline
The Hotline can be contacted by telephone on +377.99.99.66.21 from Monday to Friday from 10 a.m. to 1 p.m. and from 2 p.m. to 6 p.m. GMT for any question relating to the use of the Site.
For any other questions or complaints about Atelier Ballestra’s products or brand, please contact Customer Service by e-mail at online@zegg-cerlati.com
Atelier Ballestra undertakes to make every effort to provide you with a reply as soon as possible.
Article 8 – Intellectual and industrial property rights
All elements published on the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic guidelines, utilities, databases, software and other underlying technologies are protected by the legal and regulatory provisions and practices in force in terms of intellectual property and belong to Atelier Ballestra or, where applicable, its partners.
Any total or partial reproduction, modification or use of the trademarks, illustrations, images and logos on the Site, for any reason and on any medium whatsoever, is strictly prohibited and renders its author liable.
Article 9 – Data processing and liberties / Security of transactions
Processing of personal data
The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is processed in compliance with the French law 11.65 on the protection of personal information (CCIN) under the conditions set out in our policy on personal data.
Atelier Ballestra undertakes to take all precautions to protect the personal data communicated by the Customer on the Site against loss, theft or fraudulent use. Atelier Ballestra uses the “Secure Sockets Layer – SSL” internet security encryption on all web pages on which personal data is collected. However, Atelier Ballestra cannot guarantee the integrity and absolute security of the data communicated by the Customer on the Site and therefore cannot be held responsible in the event of the use of this data by third parties, in particular as a result of computer hacking.
In accordance with the law 11.65 relating to the protection of personal information (CCIN), the Customer has a right of access, modification, rectification, opposition and deletion of personal data concerning him. To exercise any of these rights, the Customer should send an e-mail to onligne@zegg-cerlati.com or contact Customer Service at +377.99.99.66.21
Security of transactions
For the purposes of payment of your orders, banking information and data are collected by Monext, our payment service provider. The solution for processing your payment is managed by Monext, a service provider certified PCI-DSS by Visa and Mastercard. This norm is an international security standard whose objective is to ensure the protection of credit card data.
Article 10 – Non-waiver
The fact that Atelier Ballestra refrains from demanding the performance of any of the provisions of the GTC at a given time may not be interpreted as a waiver of the right to invoke said total or partial non-performance at a later date.
Article 11 – Validity of the GTC
If any of the provisions of the GTC are declared null and void in whole or in part, the other provisions shall remain unchanged and shall remain applicable.
Article 12 – Limitation of liability
Atelier Ballestra may not be held liable for interruptions or delays in the Site or the customer service due to maintenance work, technical breakdowns, interruptions in the telephone network, the Internet network or – more broadly – a case of force majeure, the actions of third parties or any circumstances whatsoever beyond its control.
Article 13 – Applicable law and competent jurisdiction
The GTC, like all relations between the Customer and the company Atelier Ballestra, are exclusively subject to Monegasque law.
In the event of a dispute, the Monegasque courts shall have sole jurisdiction to the exclusion of all others.
