These terms and conditions define the terms under which Sàntibé Bijoux sells designer jewelry, either gold-plated or plated with fine gold, to its customers through the website www.santibe.com

Sàntibé Bijoux is the trade name of TBS Company, a simplified joint-stock company registered with the Nanterre Trade and Companies Register under number 880 611 447 and whose registered office is at 14 Rue de la Fontaine aux Prêtres in Fontenay-aux-Roses (92260) ; Telephone 01 46 64 73 32; Email: contact@santibe.com

Acceptance of these general terms and conditions of sale (“GTC”) implies the Client’s full and unreserved acceptance of these GTC

All orders placed on the Site are subject to these Terms and Conditions. These Terms and Conditions are subject to change and updates; the conditions applicable to a Customer's order of a Product are those in effect on the date of the order.

1. OBJECT

These General Terms and Conditions of Sale govern exclusively the sales made by Sàntibé Bijoux of Products offered to buyers who are consumers (hereinafter the "Customer(s)") on the Site and specify the conditions of ordering, payment, delivery and handling of any returns of products ordered by Customers.

The General Terms and Conditions of Sale are binding on the Customer who declares having read and accepted them by ticking the box "I accept the General Terms and Conditions of Sale" before implementing the online ordering procedure.

2. CLIENT

The Site's Customer must be a consumer, a natural person of legal age and capacity. The Customer must create a customer account upon placing their first order on the Site. For each order, the Customer must complete an order form specifying certain mandatory fields in order for their order of Products to be processed by Sàntibé Bijoux.

The information provided to Sàntibé Bijoux when opening a customer account and with each order must be complete, accurate and up-to-date.

Sàntibé Bijoux reserves the right not to follow up on an order if it does not come from a customer meeting the criteria set out above.

3. PRODUCTS

The essential characteristics of the Products are presented on the Site within each product description. If the Customer has any questions, they can contact Sàntibé Bijoux by telephone at 01 46 64 73 32 or by email at: contact@santibe.com .

4. ORDERING PROCESS

To place an order, the following steps must be followed:

• The Customer browses the Site and adds the Product to their basket, specifying the quantity;
• The Customer checks the nature of the Products added to the basket;
• To delete an item, the Customer must click on "Delete" and to change the number of items, modify the quantity and click on "Refresh";
• The customer can then finalize their order or choose to continue shopping;
• To conclude the purchase contract and finalize the order, the Customer must complete the order form and provide the personal data necessary for the order;
• The customer must choose their delivery method;
• The customer must choose their payment method;
• It is the Client's responsibility to check the details of the order and in particular the total price of their order taking into account the price of the Products, the terms and costs of delivery, VAT, the Product in particular in terms of quantity;
• The Customer must read and accept the Terms and Conditions;
• The customer proceeds with the payment.

Product prices are shown on the Site in euros, including VAT, but excluding customs duties and 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 Client's responsibility to verify the accuracy of the information they provide.

Sàntibé Bijoux reserves the right to refuse, cancel and terminate orders at any time for legitimate and legal reasons.

Sàntibé Bijoux will 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 that does not comply with these Terms and Conditions.

In these circumstances, Sàntibé Bijoux will inform the Customer by telephone or email.

If the Products displayed on the Site are no longer available or for sale at the time your order is placed, Sàntibé Bijoux must promptly inform you, and in any event, within thirty business days from the day after your order, of the unavailability of the ordered products. If payment has already been made, Sàntibé Bijoux will refund you the full amount paid for the unavailable Products.

The contract is deemed concluded upon receipt by Sàntibé Bijoux of the order after verification by Sàntibé Bijoux of the accuracy of the data relating to the order.

After validation of your order, an acknowledgement of receipt will be sent by email to the Customer, containing a summary of the order information (essential characteristics of the product, price, means of payment, right of withdrawal, delivery times and costs).

5. PAYMENT

The Site offers payment via Credit Card. When the order is finalized, Sàntibé Bijoux confirms the payment by sending the Customer a summary email.

The prices displayed on the website are in euros, inclusive of all taxes (French VAT and other applicable taxes on the date of the order). Packaging, order processing, and shipping costs are indicated before order confirmation.

Sàntibé Bijoux may change product prices at any time and without prior notice, particularly due to changes in the economic, legal, and tax environment. Products are invoiced based on the price in effect when the customer places the order.

The Products remain the full and complete property of TBS Company until full payment of the price of each order has been received by Sàntibé Bijoux.

Payment for purchases is made via the secure platform of our partners Stripe&Shopify or Mollie.

For deliveries outside the European Union, the Customer is responsible for paying any customs duties or other taxes due upon importation of the products into the country of delivery. The Customer is also solely responsible for all related formalities. The Customer is solely responsible for verifying the import regulations for the ordered Products in the country of delivery.

6. DELIVERY

The Products are delivered to the delivery address indicated on the order form.

The package is shipped to the customer and is handed over to the recipient against signature of a delivery slip (depending on the delivery method).

Products are delivered worldwide. Deliveries cannot be made to hotel addresses or P.O. boxes.

Sàntibé Bijoux is committed to shipping all orders placed within a maximum of 72 hours.

What are the delivery times?

From the date of order dispatch, the average delivery times are as follows:

2 to 5 working days via Colissimo for France;

5 to 10 business days via Colissimo international.

It is specified that any change of delivery address made by the Customer after the order has been registered may result in a longer delivery time.

If Sàntibé Bijoux is unable to deliver on the date indicated or within the period indicated when the order was placed, the Customer will have the option of cancelling the order under the conditions provided for in Article L 216-2 of the Consumer Code, i.e. by registered letter with acknowledgment of receipt, after having ordered Sàntibé Bijoux to make the delivery within a reasonable period by registered letter with acknowledgment of receipt, without Sàntibé Bijoux having complied.

7. RECEIPT OF PRODUCTS

Upon receipt of the Product, the Customer must immediately check, in the presence of the carrier, the condition of the packaging and the delivered Product.

If, upon delivery, the packaging is damaged, torn, or open, the Customer must check the condition of the Products inside. If these Products are damaged, the Customer must refuse the package and note a reservation on the delivery slip: damage, missing item, damaged package, broken item, etc. This verification is considered complete once the Customer, or a person authorized by them, has signed the delivery slip.

The Customer must then confirm his reservations to the carrier by registered mail no later than three days, excluding public holidays, following the date of receipt of the Products and send a copy of this letter to Sàntibé Bijoux.

Failure to meet this deadline does not preclude the Customer from taking legal action against Sàntibé Bijoux to obtain an exchange or refund of the Products in the event of damage or defects upon delivery. Similarly, the Customer retains their right of withdrawal under the conditions set forth in Article 9 above.

8. GUARANTEES

For all inquiries regarding commercial and legal warranties, please contact:

TBS Company, 14 Rue de la Fontaine Aux Prêtre, Fontenay-aux-Roses ( 92260) – Telephone 01 46 64 73 32 (cost of a local call in metropolitan France, indicative rate from a landline, may vary depending on the operator) – email: contact@santibe.com.

 

8.1 Commercial Warranty

In addition to the legal guarantees referred to in 8.2 which we are bound by, there is a commercial guarantee which covers the repair of the jewelry (replacement of clasp, broken chain, detached woven beads).

The Customer may request the application of this guarantee by mail (by returning the Product to us) with the Product and proof of purchase.

This guarantee is free. We will reimburse your shipping costs.

This warranty runs from the date of delivery of the Product for a period of (2) years.

This commercial warranty does not apply:

• for non-compliant uses as well as defects in use;
• damage due to mishandling, misuse or abnormal use, intentional or accidental physical modification, or use for professional or commercial purposes;
• in the event of abnormal maintenance operations or in the event of a lack of maintenance and hygiene;
• in case of natural wear and tear;
• interventions carried out on the jewelry by any person not authorized by Customer Service, as well as any damage resulting from such intervention.

Article L217-16 of the French Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least 7 days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.

 

8.2. Legal Guarantees

Unless the Client is a legal entity or a natural person acting for purposes related to their commercial, industrial, craft, or professional activity, they are entitled in all cases to the legal guarantees under which they may take action. Sàntibé Bijoux is therefore liable for defects in conformity and hidden defects under the conditions stipulated respectively by Articles L 217-4 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.

Article L217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision.

Article L 217-5 of the Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the purpose usually expected of similar goods and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – possess the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and which the latter has accepted.

Article L217-7 of the Consumer Code: Any lack of conformity that appears within twenty-four months 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 six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse the buyer's choice if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In such a case, the seller is obligated to proceed, unless impossible, according to the option not chosen by the buyer.

Article L217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor.

Article L 217-11 of the Consumer Code: The provisions of Articles L. 217-9 and L. 217-10 apply at no cost to the buyer. These same provisions do not preclude the awarding of damages.

Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer requests the seller, during the term of the commercial warranty granted upon the purchase or repair of movable property, to carry out repairs covered by the warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty. This period begins from the date of the buyer's request for service or the date the property is made available for repair, if the latter is later than the request for service.

Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

Article 1648, paragraph 1, of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

When acting under the legal guarantee of conformity, the Customer:

• benefits from a period of 2 years from the delivery of the goods to take action;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the non-conformity of the goods during the 24 months following delivery of the goods.

The legal guarantee of conformity applies independently of the commercial guarantee granted by Sàntibé Bijoux.

When acting under the legal guarantee against hidden defects, the Customer may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

9. CUSTOMER'S RIGHT OF WITHDRAWAL

In accordance with Articles L 221-18 et seq. of the French Consumer Code, the Customer may cancel their order at their discretion without providing any reason. They have a right of withdrawal, which they (or a third party designated by them, excluding the carrier) may exercise within 14 days of receiving the Product.

Before the expiry of this 14-day period, the Customer must inform Sàntibé Bijoux of their decision to withdraw either by sending them the withdrawal form found at the bottom of the Terms and Conditions (either by cutting it out or including it in their package, after duly completing it), or by sending an email clearly and unambiguously expressing this decision and mentioning their order number to: contact@santibe.com

The Customer must return the Product, at his own expense (unless the product is not compliant or has a manufacturing defect), to Sàntibé Bijoux, at the address mentioned on the withdrawal form no later than 14 days after communicating his decision to withdraw.

Sàntibé Bijoux strongly advises its customers to return products via Colissimo or Lettre Max. Customers also have the option of choosing their preferred carrier. It is therefore recommended to retain proof of return, which means returning products with package tracking or by any other method that provides a verifiable date.

Sàntibé Bijoux must reimburse the Customer, including delivery costs, no later than 14 days from the date on which Sàntibé Bijoux actually received the Product or from the date on which the Customer provided proof of shipment of the Product.

The refund will be made by bank transfer to the card used to pay the original invoice.

It is not possible to replace or exchange returned products. You will need to place a new order online.

10. EFFECT OF THE CONTRACT

The contract produces all its effects upon its conclusion and cannot be unilaterally terminated by either party, except by the Client exercising their right of withdrawal under the conditions set out in Articles L 221-18 et seq. of the Consumer Code.

11. INTELLECTUAL PROPERTY

The Customer acknowledges that the Products of Sàntibé Bijoux and the distinctive signs (image, photographs and composition of photographs, concepts, packaging, product names, texts, illustrations etc.) are the exclusive property of Sàntibé Bijoux in particular under intellectual property law, for the entire duration of protection of these rights and for the whole world.

The Customer shall refrain from any act of reproduction or use of Product models, packaging, photographs, photographic compositions, concepts, product names, texts, illustrations, trademarks or distinctive signs, trade secrets, techniques or know-how used by Sàntibé Bijoux, as well as any act tending to the appropriation of these elements, whether or not they are subject to protection by Sàntibé Bijoux by a trademark, design and model or copyright.

Therefore, any reproduction not authorized by Sàntibé Bijoux will be subject to infringement and may result in legal action.

12. PROCESSING OF PERSONAL DATA

For more details regarding the collection and processing of your personal data, please refer to our Privacy and Cookie Policy.

13. DISPUTE RESOLUTION

In the event of a dispute, the Customer should first contact Sàntibé Bijoux Customer Service by calling 01 46 64 73 32 or by email at: contact@santibe.com . If no solution is found within 21 days of their request, the Customer may contact the Joint Mediation Commission for Direct Selling, 100 avenue du Président Kennedy, 75016 Paris, France, Tel.: +33 1 42 15 30 00, Email: info@cmpvd.fr , website: http://mediation-vente-directe.fr/, which will seek an amicable settlement free of charge. This Commission has exclusive jurisdiction to handle, through a mediation process, disputes arising between Sàntibé Bijoux and the Customer.

14. APPLICABLE LAW AND JURISDICTION

The terms and conditions are subject to French law.

In accordance with consumer law, in the absence of an amicable agreement, all disputes arising from these General Terms and Conditions, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, shall be submitted to the competent court in accordance with the rules of jurisdiction under common law.