Terms of sale
Legal Mentions:
SAS TDJ // Registered with the Paris Trade and Companies Register under number 894 065 614 / SIRET 894 065 614 00014, as a Simplified Joint Stock Company. With a share capital of €3,000. VAT number: FR93894065614
Address: 30/32 Boulevard de Sébastopol, 75004 Paris Contact: bonjour@maisonmohs.com
Director: Céline Moret
The website www.maisonmohs.com is hosted by OVH 2 rue Kellermann 59100 Roubaix France
The website www.maisonmohs.com may contain links to other websites. To the extent that TDJ cannot control these sites and external sources, it cannot be held responsible for access or content issues on these sites. If you disagree with any part of the General Terms and Conditions of Sale and Use of www.maisonmohs.com, please do not use our website.
GENERAL TERMS AND CONDITIONS OF SALE
1. PURPOSE
These general terms and conditions of sale aim to define the rights and obligations of SAS TDJ and the Customer of jewelry presented by TDJ on its website www.maisonmohs.com (hereinafter "the Site"). They apply exclusively between the company TDJ, trading name Maison Mohs, 30/32 Boulevard de Sébastopol, 75004 Paris, Siret: 894 065 614 00014 (hereinafter "TDJ", or "Maison Mohs" or the "Seller") and any consumer individual visiting or making a purchase via the Site (hereinafter "the Customer").
On the Site, TDJ allows the Customer to order online jewelry sold by TDJ (hereinafter "the Jewelry" or "the Jewelry," referring interchangeably to one or more products depending on the circumstances) according to these general terms. Any order placed with TDJ therefore implies the unreserved acceptance by the Customer of these terms.
These general terms and conditions may be modified at any time and without notice by TDJ, the applicable conditions being those in force at the date of the order by the Customer.
Any transaction between a Customer and TDJ involving a creation, re-creation, or custom-made products excludes said transaction from the scope of internet sales, as it is managed directly between the Customer and TDJ.
These general terms and conditions of sale are permanently accessible on the Site in a computer format allowing their printing and/or downloading, so that the Customer can proceed to their reproduction or saving.
2. PRODUCTS AND COMPLIANCE
2.1. The Jewelry sold through the website, thus excluding any custom creation made outside the website, is antique jewelry and must therefore be considered as second-hand goods.
2.2. The Jewelry offered for sale is presented on the Site and accompanied by a description. The Customer is therefore required to consult the descriptive sheet of each piece of jewelry in order to know its properties and possibly the conditions of maintenance and use.
2.3. The Jewelry offered by Maison Mohs complies with the legislation in force regarding the trade of precious metals and precious stones (see 12.4). The photographs and graphics of the jewelry presented on the Site are for illustrative purposes only and are not contractual. They do not in any way engage the responsibility of Maison Mohs.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares to be at least 18 years of age and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2. By placing an order on www.maisonmohs.com, the Customer declares and warrants to be a bona fide end user and undertakes not to deliver, sell or distribute in any way Maison Mohs jewelry, nor to purchase the jewelry for any commercial purpose. Any order placed in violation of this clause will be considered null and void.
3.3. The Customer undertakes to communicate to TDJ the real and necessary information for the performance of the service subject to these conditions as requested online and according to his situation, in particular his last name, first name, address, telephone and valid e-mail. The Customer is responsible for the consequences arising from false or inaccurate information transmitted or whose reproduction would be unlawful.
3.4. Once the order has been placed, Maison Mohs sends the Customer an e-mail confirming it. It informs him of the shipment of the jewelry.
3.5. The Customer can modify his data in the "my account" section.
4. ORDER
4.1. Placing the order The order(s) are made from the catalog available on the Site. The Customer orders the jewelry of his choice by clicking on "Add to cart". The Customer finalizes his order by clicking on "Check-out" (or equivalent button). At any time, the Customer can: – check the jewelry in his cart: their quantity, their amount and detailed information on each of them by clicking on the "My cart" icon. – modify or cancel the order of a jewelry on the cart summary page. – continue his selection of jewelry. – validate his order by clicking on the "Validate my cart" icon on the cart page displayed after validating the addition during the product sheet.
4.2. Validation of the order To place an order, the Customer, after filling his virtual cart, then clicks on the "Order" button and provides the information relating to the delivery and the method of payment. Before confirming the order, a summary is made available to the customer, allowing him to check the details of his order and its total price and to return to the previous pages to correct any errors or modify his order. The delivery price is also communicated before the validation of the order (see delivery methods in article 7 – DELIVERY). The confirmation of the order implies acceptance of the T&Cs and forms the contract. Any order will only be validated after acceptance of payment.
4.3. Maison Mohs reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.4. Maison Mohs may accept orders within the limits of available stock. It informs the Customer of the availability of the jewelry sold on the Site at the time of order confirmation. Only products identified as such on the day of the order are considered available and can be sold to the Customer.
5. PRICE
5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs. Shipping costs will be indicated in the Customer's cart, before the final validation of the order.
5.2 Prices may be changed at any time, without notice and in particular in case of change in fiscal or economic data. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order.
6. PAYMENT
Full payment must be made when ordering, except in the context of setting up payment facilities in several installments. At no time may the sums paid be considered as down payments or deposits. The Customer settles his order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article. For any transaction paid by credit card, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits). The communication by the Customer of his credit card number is an authorization for Maison Mohs to debit his account up to the amount of his order. No cash on delivery will be accepted, for any reason whatsoever. Maison Mohs retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solution adopted by Maison Mohs is 100% secure. All information that Customers communicate to TDJ is strictly protected and guarantees the conformity and security of each transaction.
6.2 Payment in several installments with Alma Payment in several installments / deferred is available through our partner Alma. The security of payments is ensured by Alma and its providers. All payments are protected by 3D Secure.
Amount of purchases
P3X: Only purchases between €300 and €2,000 are eligible for payment with Alma. Fees
By paying in several installments with Alma may charge fees.
Alma is a remote payment manager and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Termination
Any termination of the GTCs that bind the Seller and the customer entails the termination of the GCUs between Alma and the customer.
7. DELIVERY
7.1. Maison Mohs delivers its jewelry in France and in all the countries of the European Union and can, on request, deliver to any country (customs fees entirely at the customer's expense and paid after quotation). The jewelry is shipped with a certificate of value for insurance, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be met, the Customer must ensure that he has communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and / or intercom numbers, etc.). Unless expressly requested by the Customer, any shipment will be made by the Post Office Colissimo service, according to the rates presented on the Site, with Ad Valorem insurance. Maison Mohs undertakes to inform the Customer of the progress of the processing of his order. Maison Mohs undertakes to guarantee any loss or theft of the package. In the event of damaged packages (already open, missing jewelry, etc.), the Customer undertakes to notify the carrier chosen by the seller and Maison Mohs, by all means, of all reservations within 3 days following receipt of the jewelry. Maison Mohs cannot be held responsible for the consequences of a delivery delay not of its own making.
7.2. Receipt of the jewelry: the receipt of the order is made by the signature of a major person confirming the receipt of each jewelry delivered. At the time of receipt of the order, the Customer is required to check the apparent conformity of the jewelry received with the order he has placed.
8. EXCHANGES AND RETURNS OF PRODUCT(S)
8.1. Right of withdrawal: if you are a Customer residing in the European Union or the European Economic Area, you have the right to withdraw from this Contract within 14 days without justification. The withdrawal period expires after 14 calendar days from the receipt by you, or by a third party (other than the carrier) indicated by you, of the goods you physically take possession of, without having to justify reasons or pay a penalty. However, in accordance with article L.121-21-8 of the Consumer Code in France, the right of withdrawal, as well as any request for reimbursement, cannot be exercised when the jewelry has been modified, adjusted or personalized at the request of the Customer in the case for example of an engraving or a size adjustment requested by the Customer. It also cannot be exercised when the good has been handed over in person. In order to exercise his right of withdrawal, the Customer may send an e-mail to SAS TDJ, which must respond to notify that it takes note of the exercise of the right of withdrawal.
8.2. Return of products: if the Customer uses the electronic channel, Maison Mohs will send him without delay an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email). Within fourteen (14) days of receiving his order, the Customer may request TDJ to return the jewelry by email. The Customer will have to return the jewelry at his expense except in the case where he would have received a Product that does not correspond to his order. Scratched, damaged, incomplete, engraved, personalized or sized Products will not be accepted. The return or exchange is at the Customer's risk, he undertakes to insure the shipment at least at the purchase value of the jewelry. The jewelry must be returned in its original packaging, in its original condition, accompanied by the return slip, to the following address: SAS TDJ, at KANDBAZ, 30/32 Boulevard de Sébastopol, 75004 Paris. It is the responsibility of the buyer who exercises his right of return to provide proof of the reshipment of the Product. This proof will be made either by the receipt of a registered shipment or by any other document given by the carrier. The returned jewel will be reimbursed in the form of a credit note, but not the cost of transport and service, within a maximum of fifteen (15) days of receipt by Maison Mohs. Reimbursement will be made in the form of a credit note, to be used within one year of the credit note date. Should the Customer fail to comply with the present conditions, in particular the conditions of return or exchange, TDJ will not be able to reimburse the jewelry concerned.
9. WARRANTIES AND LIABILITY
Maison Mohs, for all stages of access to the Site, from the ordering process to the shipment of the package or subsequent services, only has an obligation of means. The responsibility of Maison Mohs cannot be engaged for all the inconveniences or damages inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with the law and jurisprudence.
9.1. Legal guarantee of conformity and guarantee of hidden defects 9.1.1 Consumer information All jewelry provided by the seller benefits from the legal guarantee of conformity provided for in articles L.217-4 to L.217-14 of the Consumer Code or the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
9.1.2 Implementation of the guarantee of conformity. In accordance with articles L.217-4, L217-5 and L217-12 of the Consumer Code: The seller delivers a good that complies with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. The good is in conformity with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if necessary: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted. The action resulting from the lack of conformity is prescribed by six months from the delivery of the good, in accordance with the exception made for second-hand goods.
9.1.3 Implementation of the guarantee of hidden defects In accordance with articles 1641, 1648 and 1644 of the Civil Code: The seller is bound by the guarantee for the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known them. The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. He can choose between the resolution of the sale or a reduction in the sale price.
9.2 Guarantees specific to the sale of precious metals and precious stones The jewelry sold by TDJ complies with Decree No. 2002-65 of January 14, 2002 relating to the trade of gemstones and pearls (see 12.4) as well as the following texts: -articles 521 to 553bis of the General Tax Code -articles 240 to 220 of annex I to the CGI -articles 275bis to 275ter P of annex II to the CGI -articles 183 to 214 of annex III to the CGI -articles 56 j bis to 56 j vicies of annex IV to the general tax code - (see 12.4)
9.3 Personal data Maison Mohs undertakes to use the confidential information of Customers only within the framework of the operation of its Site. For the proper conduct of the order, the personal data collected will be processed electronically, the Customer acknowledges being aware of this. As such, information concerning him may be communicated to technical service providers of Maison Mohs. In addition, Maison Mohs may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionalities of the Site, for example by tracking the number of visitors on certain pages. In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of personal data concerning him appearing in the files of Maison Mohs. Any request must be addressed by e-mail to: bonjour@maisonmohs.com or by mail to the following address: SAS TDJ, 30/32 Boulevard de Sébastopol, 75004 Paris. This computer processing has been declared to the National Commission for Data Protection (CNIL) which issued receipt no. [...] the [...]
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.). The Site or any part of the Site must not be reproduced, copied, sold or exploited for commercial reasons without the express and written authorization of Maison Mohs. In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property rights appearing on the Site will remain the full and entire property of Maison Mohs. The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products if applicable, or file a trademark that would prejudice the holder of the rights, unless otherwise stipulated contractually. The same applies to any other intellectual property right.
11. FORCE MAJEURE
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days from the occurrence of this event, by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of means of transport or supply for any reason whatsoever, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All the obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either of the parties.
12. GENERAL PROVISIONS
12.1. Partial invalidity of a clause. If any provision of these conditions is declared null or unenforceable by a competent jurisdiction, it will be declared unwritten and will not entail the nullity of the other provisions.
12.2. Update These general terms and conditions may be modified at any time and without notice by Maison Mohs, the applicable conditions being those in force at the date of the order by the Customer. These general conditions of sale are permanently accessible at the following address: [www.maisonmohs.com/cgv] in a computer format allowing their printing and/or downloading, so that the Customer can proceed to their reproduction or saving.
12.3. Applicable law – competent court These general conditions are subject to French law with regard to both substantive rules and rules of form. Any dispute must be subject to a prior attempt at amicable settlement. In the event of a dispute, the French courts of the place of the registered office of the company Maison Mohs will be solely competent except in application of common law rules when the consumer is the plaintiff. The Customer may resort in the event of a dispute to conventional mediation, in particular with the Consumer Mediation Commission, or to any alternative dispute resolution method in the event of a dispute.
Out-of-court online dispute resolution. As a consumer residing in the European Union, you have the right to submit your complaint to an entity responsible for out-of-court dispute resolution (ADR). To find a list of ADR entities in your country, you can consult the European Commission's Online Dispute Resolution (ODR) platform at the following address: http://ec.europa.eu/consumers/odr/. The company TDJ and the Customer undertake in the event of a dispute to seek an amicable solution before any legal action.
12.4. Reproduction of applicable texts
Art. L. 217-4 of the Consumer Code The seller is obliged to deliver a good that complies with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility.
Art. L. 217-5 of the Consumer Code To be in conformity with the contract, the good 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 have the qualities that the latter presented to the Customer in the form of a sample or model; – have the qualities that a Customer can legitimately expect given the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and that the latter has accepted.
Art. L. 217-12 of the Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Art. 1641 of the Civil Code The seller is bound by the guarantee for the hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or would have given a lower price for it, if he had known them.
Art. 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Article 1 to 13 of Decree No. 2002-65 of January 14, 2002 relating to the trade of gemstones and pearls Article 1 - The provisions of this decree apply to the following materials and products: gemstones formed in natural deposits;
synthetic stones, artificial stones and imitations of gemstones; organic materials of plant or animal origin, traditionally used in jewelry; fine pearls; cultured pearls; imitations of fine pearls and cultured pearls, whatever their origin, provenance and the use for which they are intended. Article 2 – The name of gemstones, organic materials, cultured pearls and fine pearls that have undergone, as the case may be, a treatment by irradiation, by laser, by dye, by surface diffusion, by filling, possibly as a residue of a heat treatment, of colorless foreign matter solidified in the outer cavities that show reflections visible with a magnifying glass of 10 times magnification, or by any other laboratory method modifying their appearance, their color or their purity, is completed by the mention "treated" or by the indication of the treatment, subject to the exceptions provided for in article 3 below.
Article 3 – The addition of the mention "treated" or the indication of the treatment is not mandatory for gemstones, organic materials, fine pearls and cultured pearls that have undergone the following traditional lapidary practices:
impregnation by a colorless fluid substance; heat treatment, provided that any surface heating residues do not cause a reflection break visible with a 10x magnifying glass; bleaching without the addition of dyes or varnishes. Article 4 - The following qualifiers respectively complete the name of the materials and products mentioned below:
"reconstituted" for stones obtained by partial fusion, by agglomeration or sintering of natural materials to form a coherent whole; "composite" for stones that are crystalline or amorphous bodies composed of two or more parts assembled not by nature but by gluing or by any other process. Their components are either natural stones, synthetic stones or chemical products; "synthetic" for stones that are crystallized or recrystallized products whose manufacture, caused totally or partially by man, has been obtained by various processes, whatever they may be, and whose physical, chemical properties and crystalline structure essentially correspond to those of natural stones that they copy; "artificial" for crystallized products without a known natural equivalent; "imitation" for artificial products that imitate the effect, color and appearance of natural stones or organic materials, or other artificial products, without possessing their chemical properties or physical properties or crystalline structure. The use of the terms: "raised", "cultivated", "cultured", "true", "precious", "fine", "real", "natural" is prohibited to designate the products listed in this article.
Article 5 - The use of the terms: "semi-precious" and "semi-fine" is prohibited to designate all the materials and products mentioned in Article 1.
Article 6 - The terms: "pearl" or "fine pearl" are reserved for natural concretions secreted accidentally, without any human intervention, inside wild molluscs.
Article 7 - The pearls whose formation in a living mollusk is artificially provoked by the intervention of man, by whatever means, are called "cultured pearls".
These cultured pearls are called "3/4 or 1/2 cut cultured pearls", depending on their shapes, when they have been sawn or ground. They are called "composite cultured pearls" when they result from the assembly by man of the upper part of a cultured pearl with one or more lower parts of the same nature or of any other material.
Article 8 - The following are called "imitation pearls":
pearls entirely or partially manufactured by man, copying the appearance, color and effect of natural or cultured pearls but not possessing their physical or chemical properties or their crystalline structure, even if natural materials have been used; cultured pearls treated by depositing any coating on the surface, in particular a plastic varnish; products resembling a pearl whose outer layers are not entirely the result of a natural secretion that occurred inside the producing mollusk. Article 9 - It is prohibited to import, hold for sale, offer for sale, sell or distribute free of charge the materials and products mentioned in Article 1 under a name other than that provided for in Articles 2 to 8 of this decree. This name is indicated on the labels accompanying the product and on any commercial or advertising document referring to it.
Article 10 - For the products mentioned in Article 2, an information sheet describing the treatments applied, other than the practices mentioned in Article 3, their effects and the precautions to be taken in the maintenance of the stone, organic material or pearl, is made available to the consumer prior to the sale, then given to him with the invoice. For the products mentioned in Article 3, consumers are informed, by display at the points of sale, that certain gemstones may have been the subject of traditional lapidary practices, by the use of colorless fluids and heating, and that the pearls may have been bleached. This display must be perfectly legible from the place where customers are usually received. When these products are offered to the consumer using a remote communication technique, the same information appears on the distance selling contract offer.
Article 11- The provisions of this decree do not oppose the placing on the market in France of products legally manufactured and marketed in another Member State of the European Union or the European Economic Area which ensures a level of protection and information of the consumer equivalent to that of this decree.
Article 12 – Decree No. 68-1089 of November 29, 1968 establishing public administration regulations for the application of the law of August 1, 1905, as amended, on the repression of fraud and falsification with regard to the trade of precious stones and pearls is repealed.
Article 13 – This decree will enter into force on February 1, 2002. Regulatory bases for the trade of precious metals: articles 521 to 553 bis of the general tax code,
articles 204 to 220 of annex I to the general tax code, articles 275 bis B to 275 ter P of annex II to the general tax code, articles 183 to 214 of annex III to the general tax code, articles 56 j bis to 56 j vicies of annex IV to the general tax code. ANNEX 1 – WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.maisonmohs.com, except for exclusions or limitations on the exercise of the right of withdrawal, according to the applicable General Terms and Conditions of Sale. The request can be sent by email to Maison Mohs or by mail. To the attention of:
TDJ - Kandbaz 30/32 Boulevard de Sébastopol 75004 Paris
I hereby notify the withdrawal of the contract relating to the order of services below: –Order of: –Order number: – Customer Name: –Customer Address: – Customer Signature
ANNEX 2 – SUPPORT FROM THE IDF REGION
Thanks to the Île-de-France Region https://www.iledefrance.fr/ for its support.
