GTC

General terms and conditions of sale C.G.V.

Terms and conditions of sale for products sold on

Article 1 - Purpose :

The present terms and conditions govern sales by the company Instants Plaisirs of 925 silver or gold-plated jewelry and costume jewelry.

Article 2 - Prices :

The prices of our products are indicated in euros, inclusive of all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and exclusive of processing and shipping costs. 

The company Instants Plaisirs reserves the right to modify its prices at any time, however the product will be invoiced on the basis of the rate in force at the time the order is validated.

Products remain the property of Instants Plaisirs until full payment has been received for each order. 

If you order from a country other than mainland France, you are the importer of the product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Instants Plaisirs. You are entirely responsible for their payment and declaration to the appropriate authorities in your country. We advise you to contact your local authorities for further information.

Article 3 - Orders :

You can place your order here:

• On the Internet : instants-plaisirs.com

Contractual information is presented in French and will be confirmed at the latest when your order is validated.

Special case: In the event of an order cancellation due to a stock error, Instants Plaisirs may offer you a replacement with a similar product or a refund. 

Article 4 - Validation of your order :

Any order placed on the www.instants-plaisirs.com website implies acceptance of these General Terms and Conditions.

Any confirmation of an order implies your full acceptance of these terms and conditions of sale, without exception or reservation.

All the data provided and the recorded confirmation will constitute proof of the transaction.

You declare that you are fully aware of this.

Confirmation of the order will constitute signature and acceptance of the operations carried out.

Article 5 - Payment :

Once you have confirmed your order, you are obliged to pay the indicated price within 7 days in the case of payment by bank transfer. Taxes and shipping costs are calculated at checkout before your order is validated.

You can pay for your purchases by bank transfer, Paypal payment or credit card using secure transactions provided by the service provider: Paypal, Payplug or Mollie (Bancontact).

In addition, our online store complies with the European PSD2 3D-Secure regulation.

Pay by instalments with Alma

Payment in instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Purchase amount :

P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.

Fees

By paying in instalments with Alma, the Customer pays no charges.

Alma is a telepayment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Cancellation

Any termination of the GCU between the Seller and the customer will result in the termination of the GCU between Alma and the customer.

Article 6 - Withdrawal :

In accordance with the provisions of article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days to exercise your right of withdrawal, without having to justify your decision or bear any costs other than the cost of returns.

The above-mentioned period runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer.

Despite the care taken when preparing your orders, it may happen that the order does not conform to the one you placed (e.g.: item different from the one ordered). In this case, you must notify Instants Plaisirs by e-mail as soon as possible, and at the latest within 14 days of receipt, so that we can agree on a solution together.

Returns must be made in their original condition and complete (packaging, accessories, etc.). In this case, your responsibility is engaged. Any damage suffered by the product on this occasion may be of such a nature as to create a failure in the right of retraction.

Special case: If you wish to return an item from an order that includes a piece of jewelry offered above a certain purchase amount, the latter must be returned to us if the amount of the order after return is less than the amount required for the offer.

Special case: If you wish to return an order that includes a gift card offered with every purchase during a promotional period, the card will be deactivated and unusable if the entire order is returned.

Method of return : You may return (at your own expense and with tracking) your items well protected in their original packaging using the withdrawal form reproduced in Appendix 1 hereto. This form should be enclosed with the parcel you use to return the product(s).

In order to optimize the processing time of this request, it is preferable to send it to us by e-mail using our contact form available on this page: https: //instants-plaisirs.com/pages/contact

In the event of exercising the right of withdrawal, Instants Plaisirs will reimburse the sums paid within 14 days of receipt of your order, using the same means of payment as that used to place the order.

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL :

All Products can be retracted, except those excluded by law in article L221-28 of the French Consumer Code, for example products that have been personalized at your request.

The following items cannot be returned or exchanged:

• - For reasons of hygiene, earrings (or single earrings) cannot be returned or exchanged.
• - Clearly personalized jewelry.
• - Special orders (made to customer specifications in writing).

All requests for returns or exchanges will be processed within 14 days of receipt of the parcel at the address indicated in appendix 1 hereof.

Article 7 - Availability :

Our products are offered as long as they are visible on the Instants Plaisirs website and while stocks last.

If a product is unavailable after you have placed your order, we will inform you by e-mail within a reasonable period of time. We will offer you the choice of a replacement with a similar product or a refund of your order.

Article 8 - Delivery :

Instants Plaisirs undertakes to dispatch products to the delivery address and within the time limit mentioned on the order confirmation page (1-4 working days). The time limit may be longer in the case of an order for a customized product requiring a longer lead time (indicated on the product sheet) and/or during promotional offers or holiday periods (e.g. Black Friday, Advent Calendars, Calendars de l'Après, Christmas).

During vacations, the next shipment date will be indicated when you place your order. Orders will be processed in order of shipment from this date. 

In the event of a delay in shipment, an e-mail will be sent to you as soon as possible to inform you of any consequences on the delivery time.

If, in spite of everything, the time announced during these periods is not convenient for you, you have the possibility of cancelling your order, for that it is necessary to forward to us this request by using our form of contact: https: //instants-plaisirs.com/pages/contact

Cancellation and refund will take place within 14 days of your request.

The deadline for delivery is 30 days from the validation of your order.

In the event of late delivery by the carrier (La Poste, Bpost, Deutsch Post etc...), you can send us an e-mail using our contact form: https: //instants-plaisirs.com/pages/contact so that we can contact the carrier.

In the event of an anomaly on receipt (damaged, open, empty parcel, etc.), you can file a complaint with the carrier (La Poste, by telephone on 3631) and must inform Instants Plaisirs using our contact form, as soon as possible.

Delivery options :

- Letter with La Poste tracking (sent by e-mail at time of shipment): Letterbox delivery without signature.

- Priority international parcel with La Poste tracking: Letter-box delivery without signature.

- La Poste registered letter or parcel: Delivered against signature or notified if the addressee is absent - Full refund in the event of loss/theft/damage by the post office.

- International registered parcel with La Poste tracking: Delivery against signature or notified if the addressee is absent - Full refund in the event of loss/theft/damage by the post office.

- Mondial Relay (shipments within France with French billing address only) : Delivery to the relay point or locker indicated when placing your order. Delivery is subject to presentation of proof of identity or the locker code, so no delivery dispute can be lodged. You may, however, lodge a complaint with the appropriate authorities in the event of identity theft or access to your e-mails.

- Colissimo suivi sans signature (Advent calendars / After) : Letterbox delivery without signature.

- Colissimo with signature delivery (Advent calendars / After)  : Delivered against signature or notified if the recipient is absent - Full refund in the event of loss/theft/damage by post.

Instants Plaisirs reserves the right to change the delivery method to delivery against signature depending on the value of the order. If you are absent at the time of delivery, a delivery notice will be left so that you can collect your order from the post office at your delivery address.

In the event of an incomplete address (including a missing name on the letterbox) or incorrect delivery address provided, and consequently a return shipment from La Poste, the new shipment will be invoiced in addition to the original order.

Free delivery on purchases over €80 does not apply to the following products: Advent Calendar, Après Calendar.

In the event of a return shipment for an order that has been notified but not claimed (Shipup notification of the opening of the notification e-mail serving as proof), packaging and shipping costs may again be invoiced. In the case of a refund, the equivalent of these costs may be deducted from the refund.

In case of return shipment and in the absence of a response from the customer despite one or more reminders sent over a period of six months, once this deadline has passed Instants Plaisirs reserves the right to dispose of the goods in any way it deems appropriate, without the customer being entitled to a new shipment or a refund.

Article 9 - Gift cards :

Gift cards: When placing your order, simply enter the unique code shown on your gift card. 

The gift card can be used in several instalments and is valid for 1 year from the date of purchase on our entire online store www.instants-plaisirs.com (For gift cards since December 2019, before this date, use in several instalments is not possible).

E-Gift card: Sent by e-mail within minutes of payment confirmation (if you do not see the e-mail, please check your spam folder).

Gift card / Postcard: Sent by post, within the time indicated when placing your order.

Article 10 - Products :

Special cases :

Given the technical constraints of manufacturing and creation, we try to conform as closely as possible to the indications given in the product descriptions. The lengths of the various chains and bracelets may vary. The same applies to the creations, which are handmade in our workshop.

In the event of a major discrepancy, you can return the item to us by referring to article 6 of these terms and conditions, and we will reimburse you for the cost of returning the item. We advise you to contact us beforehand using our form so that we can work together to find the most suitable solution.

As the pearls on our products are natural, they may vary slightly in color, shape and size.

Article 11 - Guarantees :

Legal warranty of conformity :

According to Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

The product conforms to the contract in accordance with article 217-5 of the French Consumer Code:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- If it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;

- If it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.

All our products are covered by the legal warranty of conformity as stated in the present article, provided that they have been used in a normal manner and that the maintenance instructions have been followed.

Excluded from the warranty are ageing, wear and tear and alteration due to excessive use of perfume or hydro-alcoholic gel, as well as deterioration, breakage or loss resulting from the intervention of a third party, improper use or lack of maintenance.

The company Instants Plaisirs is liable for any hidden defects in the item sold which render it unfit for its intended use.

However, it is up to the buyer to prove the existence of the hidden defect.

Any request relating to these guarantees must be addressed to customer service via the form in Appendix 2 of these presents. Return shipping costs will be paid by the consumer, and will only be reimbursed if Instants Plaisirs is held liable under the warranty.

Article 12 - Force majeure :

Instants Plaisirs cannot be held responsible for the total or partial non-performance of its obligations under the present contract if the poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Article 13 - Liability :

The products offered comply with current French legislation.

The company Instants Plaisirs cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibility of importing or using the products or services you intend to order.

Furthermore, Instants Plaisirs cannot be held responsible for any damage resulting from misuse of the product purchased.

Finally, the company Instants Plaisirs cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, notably a break in service, external intrusion or the presence of computer viruses.

Article 14 - Disputes and applicable law :

The language of this contract is French. The present conditions of sale are subject to French law.

Any request arising from a dispute between the customer and Instants Plaisirs that cannot be resolved by initial contact by e-mail or mediation must be sent by registered mail with acknowledgement of receipt in order to be considered legitimate and admissible.

SERVICE DE MEDIATION A LA CONSOMMATION: Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code.

In the event of unresolved disputes between the Professional and the Consumer, the Consumer may refer the matter to the Consumer Mediator.

Before referring the matter to the consumer mediator, the consumer must alreadỳ have attempted to resolve his dispute directly with the professional by means of a written complaint, or have made a complaint under the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, a consumer mediation will take place according to a precise process and the texts in force.

The procedure is free of charge for the consumer (R612-1 of the French Consumer Code).

HOW TO CONTACT THE CONSUMER OMBUDSMAN :

If no agreement has been reached with the professional following a claim,

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code (Conditions of admissibility).

www.mediation-vivons-mieux-ensemble.fr

MEDIATION - LIVING BETTER TOGETHER

2 Impasse de Beauregard

54 000 NANCY

[email protected]

IMPORTANT:

Never send original documents to the Consumer Ombudsman. Please send photocopies

Never send defective, disputed or refundable items to the consumer ombudsman. 

Please specify your telephone number and e-mail address.

European platform for online dispute resolution :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

E-mail address: [email protected]

Article 15 - Intellectual property :

All elements of the Instants Plaisirs website are and remain the exclusive intellectual property of Instants Plaisirs. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site, whether textual, software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of Instants Plaisirs.

Article 16 - Personal data :

The company Instants Plaisirs reserves the right to collect nominative information and personal data concerning you. This information is required to process your order, and to improve the services and information we send you.

It may also be transmitted to companies that contribute to this relationship, such as those in charge of executing services and orders for their management, execution, processing and payment.

This information and data is also stored for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to personal information and data concerning you. To exercise this right, please contact us using our form: https: //instants-plaisirs.com/pages/contact and mention "Collection of data concerning me".

No banking information is saved when you place an order, whether through Paypal or any other payment gateway.

 

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Appendix 1: Model withdrawal form

To be reproduced and completed if you wish to exercise your right of withdrawal: 

To the attention of : Instants Plaisirs - Order number (Number beginning with FA received in your confirmation e-mail) - 167 Route de Lorient - Parc Monier / Bâtiment Cassiopé RDC - 35000 RENNES

Order placed on :

Order received on :

Order number (in your confirmation e-mail) : FA-

Reason for withdrawal (optional):

Customer name :

Customer's full address (residence, apartment number, etc.):

Date :

 

Signature (if using paper form):

 

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Appendix 2: Model form for the legal warranty of conformity

To be reproduced and completed if you wish to contact us under this guarantee:

To the attention of : Instants Plaisirs - Garantie - Numéro de commande (Numéro commençant par FA reçu dans votre e-mail de confirmation) - 167 Route de Lorient - Parc Monier / Bâtiment Cassiopé RDC - 35000 RENNES 

Order placed on :

Order received on :

Order number (in your confirmation e-mail) : FA-

Explanation of the problem encountered :

Customer name :

Customer's full address (residence, apartment number, etc.) :

Date :

 

Signature (if using paper form):

  

• Last update : August 01, 2021