Terms of sale
1. Scope of Application
These general terms and conditions of sale apply, without restriction or reservation to all sales concluded by Pearl Romance (“the Seller”), whose complete contact details are given in Article 8 below, to consumers and non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“The Products”) on the https://pearlromance.fr/ website (“the Website”).
The general terms and conditions of sale govern the entire relationship between the Seller and the Customer and prevail over any other exchange. In particular, they specify the conditions of ordering, payment, delivery and management of possible returns of Products ordered by Customers.
The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
These Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the website, and accepted by the Customer, on the date the order is placed.
Modifications to these Terms and Conditions of Sale are enforceable against users of the Website as of their posting online and cannot apply to transactions concluded previously. For this reason, the Seller invites the Customer to carefully read the General Terms of Sale before each order.
Any order implies the prior consultation and acceptance of the Terms and Conditions of Sale by means of a checkbox provided for this purpose.
The Customer acknowledges and declares that the purchase of the Products is strictly limited to personal use.
He further declares that he is of legal age and/or legally capable at the time of the transaction.
We remind you that you can contact the Seller, by email at email@example.com
The Products offered for sale on the Website are those listed on the Website, on the day the Customer consults the Website. The products offered for sale are described below.
Purchase of jewelry
Pearl Romance offers the purchase of jewelry. Each piece of jewelry is handcrafted by Pearl Romance’s designer. Each design is unique or made in limited quantities. Either way, each piece of jewelry is unique because no two Tahitian pearls are alike. See https://pearlromance.fr/la-perle-de-tahiti/ to understand what makes a Tahitian pearl unique.
The photographs of the Products on the website are presented as accurately as possible but are not contractually binding on the seller.
The Customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times.
The contractual information is presented in French and English languages and is subject to confirmation at the latest at the time of validation of the order by the Customer.
The Products presented on the website are offered for sale in the countries specified in section 8.
In case of an order to a country other than French Polynesia, the Customer is the importer of the concerned Product(s).
The Product ordered may be subject to import fees, customs duties or other local taxes applied when the product reaches its final destination. In such cases, Customer assumes the status of importer and shall bear such costs.
3. Duration of validity of the offer of the Products
Product offers and prices are valid as long as they are mentioned on the website. Information on the availability of Products is provided to the Customer on the day of the order. In the event that the Products ordered and paid for are exceptionally no longer available, the Customer Service Department will contact the Customer as soon as possible to inform him/her of this and proceed with a full refund of the sums paid by the Customer. Seller reserves the right to withdraw Products from sale at any time.
4. Seller’s Contact Information
Seller’s contact information is as follows:
Pearl Romance – SARL Pure Passion
BP 573 Maharepa – 98728 Moorea – French Polynesia
Registered under the number Tahiti 934562
5. Ordering Process
The ordering process is described below
Fill the virtual cart by clicking the “Add to Cart” button and indicating the selected Products and desired quantities.
Check the virtual cart and modify, if necessary, its contents.
Click the “Finalize your order” button.</span class=”s1″>
Fill in the information for delivery (full identity, email address, phone number, delivery details).
Fill in the billing address if it is different from the shipping address.
The information is filled in under the sole responsibility of the Customer and is authentic in case of dispute.
The summary page of the virtual cart clearly indicates to the Customer the payment obligation resulting from the order validation process by the mention “Order with payment obligation”.
At the end of the ordering process, the Customer is invited to choose his or her payment method. Only payment by credit card is available, the Customer must fill in the information of the credit card used (name of the holder, card number, expiration, cvv) and is invited to consult the present General Terms and Conditions of Sale which he must then accept by checking the box “I have read and accept the General Terms and Conditions of Sale” to be able to continue the order.
He is then invited to click on the “Finalize Payment” icon. By clicking on this button, the Customer is redirected to the payment service provider and proceeds with the payment according to the desired conditions (Carte Bleue, Visa or Mastercard) – please refer to the Payment Conditions article for more information.
The registration of an order on the website eis completed when the Customer accepts the General Terms and Conditions of Sale by checking the box provided for this purpose, validates and pays for his order.
The Seller sends you, without delay, by e-mail, an acknowledgement of receipt of the order, containing a summary of the information already contained in the order form (General Conditions of Sale, information relating to the essential characteristics of the product, the detailed indication of the price, the means of payment, the existence of the right of withdrawal and the delivery times and costs).
After receiving the confirmation e-mail, the order can neither be modified nor cancelled, except in the case of exercising the right of withdrawal or in case of force majeure.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
Each delivery is made registered with acknowledgment of receipt, so the customer will be notified by email upon delivery of his order to the partner carrier and will be able to track the delivery of his order with the shipping number indicated in the email.
In accordance with the provisions of Article L.121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel an order in the event of legitimate reasons (for example, an order in abnormal quantity, placed in bad faith or an order from a Customer with whom there is a dispute relating to a previous order).
Products are supplied at the current prices listed on the website when the order is registered by the Seller.
Prices are expressed in Euros and include VAT regardless of the country of delivery.
Customs duties, other local taxes, import duties or state taxes may be payable upon entry into the country. These duties are not the responsibility of Pearl Romance. They are the responsibility and sole liability of the Customer both in terms of declarations and payments to the relevant authorities of the country concerned.
The prices take into account possible discounts that would be granted by the Seller on the website.
The Seller may reserve the right to offer promotional codes. These promotional codes may only be issued by the Seller. The Seller shall not be liable for any promotional codes disclosed on the forums other than those issued by the Seller and to which it has not consented.
These prices are firm and non-revisable during their period of validity, as indicated on the website the Seller reserves the right, outside this period of validity, to modify the prices at any time.
The price displayed does not include processing, shipping, transportation and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are fully charged to the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The products remain the property of Pearl Romance until full payment of the price regardless of when the risk passes.
7. Terms of payment
For the payment of the price of the Products and the costs related to shipping and delivery, the Customer will be able to follow the procedures indicated in the order form.
The price is payable in cash, in full on the day of shipment of the order to the Customer by the Seller by way of secure payment by credit cards: Bank Card, Visa or Mastercard.
In case of payment by credit/debit card, the financial information (e.g. credit/debit card number or due date) will be transferred, by means of an encrypted protocol, to the company PayPlug, Pearl Romance’s partner bank in the provision of services related to remote electronic payment, without third parties being able to have access to it under any circumstances.
The Seller will never have knowledge of financial information. The Seller will be in connection with PayPlug for procedures related to the purchase or to issue refunds in case of possible return of Products in accordance with the right of withdrawal, or, in the event that it would be necessary to prevent or report to the competent authorities the occurrence of fraud.
8. Delivery of Products
The Products ordered by the Customer can be delivered to any country in the world. The average delivery time is 10 to 20 working days.
Delivery times announced on the site are purely indicative and depend on the destination and availability of the Product ordered. Exceeding this deadline cannot give rise to any cancellation of the order, to any reduction in the price paid by the Customer, and to any payment for damages.
However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, in the absence of delivery at the end of a period of thirty days from the day following the day on which the Customer placed his order, the Customer will have the option of cancelling his order at no cost. The sums paid by the Customer will then be refunded.
If it is possible, Pearl Romance reserves the possibility to offer the Customer a product of equivalent quality and price to the initial product.
Pearl Romance will not be held responsible for any additional delays caused by the non-issuance of a bank authorization or an incomplete or incorrectly filled out order form.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy or refund the Customer, as indicated in Article 12 – “Legal Warranty”
9. Receipt of Products and claim
Concerning the reception of the parcels, Pearl Romance strongly recommends to the Customer to check the apparent state of the products during the delivery. In case of anomaly (missing or damaged products) the customer:
– will have to issue all necessary reserves on the delivery receipt,
– will have to send within 48h after the delivery a statement of reserve to the carrier by registered mail with acknowledgment of receipt
– forward a copy of this letter to Customer Service
Pearl Romance – BP573 MAHAREPA – 98728 MOOREA – POLYNESIA FRANÇAISE.
In case of doubt, the Customer is advised to open the package in the presence of the carrier to ensure that there is no damage to the product. Failing this, no claim can be made by the customer to the Seller Pearl Romance.
10. Right of withdrawal
The Customer has a period of 14 days to exercise his right of withdrawal on the Product. Within 14 days from the date of receipt of the ordered goods, the Customer may therefore request an exchange or refund of the purchased item(s).
Beyond the 14 days period, Pearl Romance will be free to refuse the exchange, the credit note or the refund.
The exchange or refund procedure is as follows:
- The Customer must inform Pearl Romance of their wish to withdraw within 14 days of receiving their order.
- The Customer can write to firstname.lastname@example.org specifying his order number, the date of receipt of his order, his name and surname, his email address, the reasons for his withdrawal and his wish.
- Pearl Romance will send an email acknowledging receipt of the withdrawal as soon as it is informed.
- The Customer returns the product(s) by registered mail or tracked package to the following address: Customer Service Pearl Romance – BP573 MAHAREPA – 98728 MOOREA – FRENCH POLYNESIA at the latest 14 days after informing Pearl Romance of his wish to retract.
- Pearl Romance does not pay for return shipping in the case of a retraction.
Pearl Romance does not accept exchanges. All Products are non-exchangeable and non-refundable, as specified on the website. With the exception of the use of the right of withdrawal and defects of conformity provided below.
12. Legal warranty and after-sales service
The products sold benefit from the legal guarantee of conformity provided by articles 211-4 and following of the consumer code and the guarantee of hidden defects (articles 1641 and following of the civil code). These guarantees cover the hidden defects and the apparent defects as from the delivery date. The only obligation incumbent on Pearl Romance under this guarantee is, at its option, the free replacement or repair of products recognized as defective without further benefit or compensation.
Visibly defective Products must be returned to Seller within 30 days of receipt at the latest.
This warranty does not cover damage resulting from misuse of the product, normal wear and tear due to its use, or failure to follow washing and maintenance instructions.
To be able to benefit from the guarantee of the products it is imperative to keep the purchase invoice of the product as well as the delivery note.
All nominative information collected from the Customer is necessary for the processing of the order, its routing as well as for the establishment of the invoice.
This information can be diffused by Pearl Romance to its contractual partners within the framework of the realization of the order, notably to ensure the transport of the ordered products.
The customer has a right of access, modification, rectification and deletion of data concerning him. In this case, the customer will be able to consult and modify his personal information by sending an email to email@example.com.
Pearl Romance cannot be held responsible for any events, inconveniences or damages inherent to the use of the Internet network, especially in case of service breakdown, external intrusion or presence of computer viruses.
In addition, Pearl Romance cannot be held responsible for the non-performance of the contract concluded in case of fortuitous situation, force majeure, disturbance or total or partial strike in particular of the postal services and means of transport and/or communications, flood, fire.
Pearl Romance will not incur any liability for any indirect damages due to the present, operating loss, loss of profit, damages or expenses, which may arise.
The Parties shall not be liable if the non-performance or delay in the performance of any of their obligations, as described in the Terms and Conditions of Sale arises from a case of force majeure, as defined in Article 1218 of the Civil Code.
15. Assignment of jurisdiction
These general conditions of sale are subject to French law. Any dispute that has not been amicably resolved shall be subject to the exclusive jurisdiction of the competent courts of Papeete notwithstanding multiple defendants and/or third party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition.
16. Customer service and after sales service
You can contact Customer Service free of charge by e-mail for any question related to your order, its shipping and tracking:
By email to: firstname.lastname@example.org
By mail to: Pearl Romance – BP573 MAHAREPA – 98728 MOOREA – POLYNESIE FRANÇAISE
17. Intellectual property right
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Pearl Romance.
No transfer of intellectual property rights is made through these T&Cs, or by the marketing of Products. Any total or partial reproduction, modification or use of the elements protected by these rights is strictly prohibited.
18. Applicable Law – Language
The General Terms and Conditions of Sale and the operations resulting from them are governed by French law.
They are written in the French language. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.