General Terms and Conditions of Sales
General Terms and Conditions of Sales for the online store ROCK AROUND MY NECK
Our General Terms and Conditions of Sales shall exclusively apply to all products and sales contracted and ordered, between us and our clients, from the site – http://rockaroundmyneck.com/, the online web site/store operated and maintained by SASU RAMN.
All persons or companies entering into a contract or ordering from the web site operated and maintained by SASU RAMN must be legally able to enter into said contract and accepts all Terms and Conditions.
Any agreement affecting the execution of this contract must be in writing.
Article I – General Information
The General Terms and Conditions of SASU RAMN stated in this document are indicated on the web site and are considered accepted by the client when placing the order without the need of a signed copy.
Any differing Terms or Conditions of buyer are herewith objected to and shall not apply.
The Corporation “Rock Around My Neck” (SASU RAMN) is represented by Mrs. Delphine Tobelem Jacquemin, located at – 1 rue Docteur Maurice Bertrand, Vauvenargues 13126 FRANCE.
SIRET : 53328743900012 . N.A.F : 3213Z. N°intracommunautaire : FR07 53287439
The Corporation “Rock Around My Neck” (SASU RAMN) is a French entity that is governed by applicable French laws.
Article II – Terminology
The present General Terms and Conditions as stated in this document define the rights and obligations of the different parties entering into agreement for the online sales proposed by SASU RAMN. These obligations include but are not limited to; the order, the delivery, the payment and other services offered by SASU RAMN site.
The “Jewelry” will be stated as the “Product”, any eligible person/entity that enters into an agreement will be stated as “The Client” and said agreement will be stated as “The Order”.
Article III – Description of Product
Each product (piece of jewelry) being handmade presents certain distinct characteristics, no product can or will be identical.
Each product proposed on http://rockaroundmyneck.com/ website is presented with photographs and a description of color and the materials used in its creation, this information is not part of the agreement. As each piece is handmade, this technical information is given as an indication, in accordance with the French “Code de la Consommation” Article L-111-1, to provide the client with product information before placing his order.
All advertising; photographs and graphics as well as web site descriptions are indicative of the product and cannot be advanced to hold RAMN responsible for the differences in perception of color or shapes due to the “handmade” nature of artisanal manufacturing. RAMN will attempt to manufacture its products as similar to the www.Rockaroundmyneck.com web site description or clients’ request as possible.
Rock around my neck guarantees the replacement of the product, parts of the product or reimbursement due to material defects. These repairs or reimbursement, due to material defects, in no way hold Rock around my neck responsible for these defects that are beyond our control and/or the unintended consequences that may be caused by said defects.
The products are not intended for use by children under 36 months and should be kept out of reach of children under 36 months.
Article IV – Availability of Product
The offers and products online have a limited stock and RAMN may not be held responsible for unavailability of any product. In case of non-availability of a requested product, the client will be notified by email, and a similar product or a reimbursement will be offered.
More specific information concerning the availability of products may be requested by email. If the client does not find a replacement for the non-available product, he may request a reimbursement of the amount paid within a period of 30 days of the payment.
Article V – Price
The prices of all products are stated in Euros, tax included, and are final as of the date of the order confirmation received by the client from RAMN. The price includes the French Value Added Tax.
The total prepayment of the product must be made at the time of placing the order and this payment in no way may be considered a deposit.
For delivery of ordered product outside of the European union; the laws of the client’s receiving country, the customs formalities and all taxes are the sole responsibility of the client.
Article VI – Ordering of Product
The products presented by RAMN on the www.Rockaroundmyneck.com web site contain the descriptive characteristics required by the French consumer protection law – Article # L111-1.
After verifying the order on the web site including; product type, product numbers and product costs, the client will confirm the order. The website client confirmation will be considered a binding contract by the seller.
The seller will confirm the order after reception and confirmation from the “Bank Payment Center” of the total order payment. If no payment confirmation is received from the “Bank Payment Center” the order will be considered cancelled and the client will be notified by email. After the seller receives payment confirmation for the order, the client will be notified by email.
The order will be considered finalized, when and only when, the client has received an email confirmation from the seller. If no email order confirmation is received, the client should contact the seller for more information.
RAMN may contact the clients at any time during the process of the order and cancel or change the order, with the client’s consent or reimbursement, due to unforeseen problems in the manufacturing chain. The documents and emails furnished by RAMN will hold precedence for the communications between the client and the seller if any problems arise during the ordering, payment and delivery of the products.
Article VII – Payment
The payments will be made through PAYPAL online payment system. This online payment system uses the SSL protocol (Secure Socket Layer), which protects the payment information transmitted online.
It is the client’s responsibility to :
– Have all the information needed to process this payment though PAYPAL system.
– Ensure that the payment method, credit card, has sufficient funds to meet the total cost of products purchased from the Rockaroundmyneck.com website.
The payment from the client is made directly through the PAYPAL system at the time of the order.
All products remain the propriety of RAMN until total payment, tax & fees included, is finalized and received by RAMN banking institution.
All documents and correspondences between RAMN and the client will be held on a certified support and these documents held by RAMN will be the legal documents in any and all disputes. RAMN reserves the right to cancel or withhold all sales and/or deliveries of product if there are any disputes or discrepancy in the payment process.
Article VIII – Terms of Delivery
In France, the product will be delivered though the postal service “La Poste – Collissimo Suivi”. In Europe the product will be delivered though the postal service “La Poste – Collissimo Suivi Europe”. All other destinations, outside of Europe, will be delivered by the countries local postal service, via “La Poste”.
Deliveries in France Métropolitaine and Europe are stated, by “La Poste”, as being delivered in a 24hr-72hr time frame, any other destination will be as stated in the client’s local mail delivery services time frame.
As all deliveries will be processed by non-RAMN outside services who have their own stated delivery schedules, RAMN may not be held responsible for any changes or modification of deliveries due to these independent companies.
The product will be delivered at the address on the order form, acknowledgment of delivery will be signed by the client or a person designated by the client. In case of client’s absence, a notice will be left and any additional cost for subsequent attempted delivery of the product will be at the client’s expense. The client must verify the good state of the delivered package and product in the presence of the person delivering the package. Any package that has been opened or damaged must be notified to the person delivering the package and a document explaining the damaged package and/or product. That notification will be signed by the person delivering the package and the client. The client must contact RAMN, within 8 days, with a recommended letter and a copy of the explanatory document, explaining the delivery problem. This will enable RAMN to begin the inquiry process with the delivery company. This process in no way holds RAMN responsible for the deterioration of the product.
RAMN will not be held responsible for the non-delivery of the product due to extraordinary events or circumstances beyond the control of RAMN, “Casus Fortuitous”.
Article IX – Warranty
All products sold are guaranteed “Satisfied or Reimbursed” during a 7 day grace period as stated in the French consumer code article # L.121-20. A client seeking reimbursement must return the product to RAMN . The client is responsible for the return transport cost.
The returned product will only be accepted and reimbursed if it is in it’s original condition and has not be used or worn. The product must also be returned in the original packaging.
The product to be returned must receive a return merchandise authorization number number from RAMN, before being sent back by the client. Any return that does not have this reimbursement number will not be accepted by RAMN. The product should be returned to the address, with tracking possibility, to the address:
Rock Around My Neck
1, rue du docteur Maurice Bertrand
Once the product is received and the client bank information provided, a reimbursement will be processed by RAMN in a 30-day timetable. All products received by RAMN without the return merchandise authorization number or any product not used in the correct manner, including but not limited to the following, will not be reimbursed.
– Use of product not in accordance with the “Notice of Use” furnished at purchase or any other use inconsistent with similar products.
– Use of product or modification not consistent with the product purchased or for professional or commercial use.
– Product deterioration due to natural causes beyond the control of RAMN (water, lightning, etc..)
– Intervention on the product, for repairs or changes, by non-certified RAMN customer service agents.
Article X – Limits of Responsibility
Any and all information furnished by RAMN on the rockaroundmyneck.com web site is correct at the time of posting but is subject to change and thus may not be up to date. This information is not legally binding as to: product availability, color, shape, size, price, etc… until confirmed by RAMN by email.
In accordance with French laws, RAMN cannot be held responsible for partial or full non-execution,the contract, due to an error by the client and/or events beyond RAMN control.
RAMN may not be held responsible for an amount higher than the cost of the original contract.
Article XI – Legal Information
The client’s personal information is necessary for the processing of the sale, all information will remain private to RAMN and will not be used for any outside initiatives.
This information is protected by French consumer law (of January 6th 1978 – article 23) granting the client the right of modification and suppression
Article XIII – Miscellaneous Clauses
The place of execution and place of venue is Vauvenargues, France. We reserve the
right to sue at buyer’s place of business.
These General Terms and Conditions of Sales, as well as all our business
relations with our clients, are governed exclusively by the Laws of France.
All laws or rules that may differ from French law due to the clients country of origin are the expressed responsibility of the client.
Article IX – Salomonic Clause
Should one of the clauses above or part of one of the clauses above be legally
invalid, validity of the other clauses of these General Terms remains unaffected.
– For orders outside of metropolitan France, the client is the importer of the products purchased. For all products shipped outside of the European Union and French overseas territories (DOM-TOM), the price will be calculated excluding taxes automatically on the invoice. Customs duties, local taxes, import duties or state taxes may be charged. rockaroundmyneck.com is not responsible for paying these taxes and fees. Instead, they are the client’s responsibility, both in terms of declaration and payment to the authorities and powers within the client’s country. colette.fr advises that clients inquire about these issues with local authorities in their home country.
– All orders must be paid in euros.