TERMS OF SALES

 1. PURPOSE These general conditions of sale aim to define the rights and obligations of EYLIA and of the Jewelery Customer presented by EYLIA on its site www.eylia-vintage.com (hereinafter "the Site").

They apply exclusively between the company EYLIA, Madrid, Siret:  (hereinafter "EYLIA" or the "Seller") and any consumer who is a natural person visiting or making a purchase via the Site (hereinafter "the Customer"). On the Site, EYLIA allows the Customer to order online jewelry sold by EYLIA (hereinafter "the Jewel" or "the Jewelry", referring indifferently to one or more products depending on the circumstances) according to these general conditions.

Any order placed with EYLIA therefore entails the unconditional acceptance by the Customer of these conditions. These general conditions may be modified at any time and without notice by EYLIA, the applicable conditions being those in force on the date of the order by the Customer. Any transaction between a Client and EYLIA accompanied by a creation, re-creation or tailor-made products, excludes said operation from the context of internet sales since it is managed directly between the Client and EYLIA. These general conditions of sale are permanently accessible on the Site in a computer format allowing them to be printed and / or downloaded, so that the Customer can reproduce or save them.


2. PRODUCTS AND COMPLIANCE
2.1. Jewelry sold through the site, thus excluding any custom-made creation made outside the framework of the site, are antique jewelry and must therefore be considered second-hand goods. 2.2. The Jewels offered for sale are presented on the Site and accompanied by a description. The Customer is therefore required to consult the description of each jewel in order to know its properties, and possibly the conditions of maintenance and use.
2.3. The Jewelry offered by EYLIA respects the legislation in force concerning the trade in precious metals and precious stones (see 12.4) The photographs and graphics of the jewelry presented on the Site are provided for illustrative purposes and are not contractual. They do not engage the responsibility of EYLIA in any way.

3. CLIENT'S OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to have parental authorization allowing him to place an order on the Site.
3.2. By placing an order on eylia-vintage.com, the Customer declares and guarantees to be an end user in good faith and undertakes not to deliver, sell or distribute in any way the EYLIA jewelry, nor to buy 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 EYLIA the actual elements of information necessary for the performance of the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and valid email. The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be illegal.
3.4. Once the order has been placed, EYLIA sends the Customer an e-mail confirming it. He informs her that the jewelry has been sent.
3.5. The Customer can modify their 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 jewel of his choice by clicking on “Add to cart” / “Add to Cart”. The Customer finalizes his order by clicking on "Check-out" (or equivalent button) At any time, the Customer can: - Check the jewels appearing in his basket: their quantity, their amount and detailed information on each of them by clicking on the "My basket" / "my cart" icon - Modify or cancel the order for a jewel on the basket summary page, - Continue your selection of jewels - Confirm your order by clicking on the "Validate my" icon basket ”on the basket page displayed after the validation of the addition during the product sheet.
4.2. Confirmation of the order To place an order, the Customer, after having filled his virtual basket, 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 order is confirmed (see delivery terms in article 7 - DELIVERY). Confirmation of the order implies acceptance of the GTC and forms the contract. Any order will only be validated after acceptance of payment.
4.3. EYLIA reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.4. EYLIA can accept orders while stocks last. He informs the Customer of the availability of jewelry sold on the Site at the time of confirmation of the order. Only products identified as such on the day of the order are considered to be available and able to be sold to the Customer.

5. PRICE
5.1. The prices displayed on the Site are indicated in euros, all Spanish taxes included (Spanish VAT and other applicable taxes), excluding shipping costs. The shipping costs will be indicated in the Customer's basket, before the final validation of the order.
5.2 The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates in effect at the time the order is placed.

6. PAYMENT
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Eurocard / Mastercard), with his Paypal account, or by bank transfer in accordance with the provisions of this article. For any transaction paid by bank card, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits). The communication by the Customer of his bank card number constitutes authorization for EYLIA to debit his account up to the amount of his order. No cash on delivery will be accepted, whatever the reason.

EYLIA retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by EYLIA are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), all the information that Customers communicate to EYLIA are strictly protected and guarantee the compliance and security of each transaction.

7. DELIVERY
7.1. EYLIA delivers its jewelry in France and in all the countries of the European Union and can on request deliver in any country (customs fees entirely payable by the customer and paid after estimate). The jewels are shipped with an invoice, 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 respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street, building, staircase number, access codes names and / or intercom numbers, etc.). Unless expressly requested by the Customer, any shipment will be made by post according to the prices presented on the Site. Beyond 1000 €, for security reasons, the jewel cannot be presented directly to the delivery address.

EYLIA undertakes to inform the Customer of the progress of the processing of his order. EYLIA 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 EYLIA, by all means, of all reservations within 3 days of receipt of the jewelry. EYLIA cannot be held responsible for the consequences due to a delay in delivery that is not its fault.
7.2. Reception of the jewel: The reception of the order is made by the signature of an adult confirming the reception of each delivered jewel. 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 made.

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 of which you take physical possession, without having to justify reasons or to pay penalty. However, in accordance with article 71 of the Consumer Code in Spain, the right of withdrawal, as well as any request for reimbursement, cannot be exercised when the jewel has been modified, adjusted or personalized at the request of the Customer in the case by example of engraving or scaling requested by the Customer.
In order to exercise his right of withdrawal, the Customer can use either: - the withdrawal form For the attention of: EYLIA Madrid I hereby notify the withdrawal of the contract relating to the ordering of services below: - Order from: - Order number: - Customer's name: - Customer's address: - Customer's signature (only if this form is notified on paper): by returning it to the following address: EYLIA Madrid - an unambiguous statement (for example, letter sent by post, fax or email). The paper declaration should be sent to: EYLIA Madrid.
8.2. RETURN OF PRODUCTS If the Customer uses electronic means, EYLIA will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email). Within thirty (30) days of receipt of his order, the Customer may request EYLIA to return [or exchange] the jewel for a different product of the same value. To do this, the Customer will use the return form, received with the order and supplied on request, which includes all the information for exchanging or refunding the jewel. The Customer must return the jewel at his expense, except in the event that he has received a Product that does not correspond to his order. Scratched, spoiled, damaged, incomplete, engraved or cut to size Products will not be taken back. The return or exchange is at the risk of the Customer, he undertakes to ensure the shipment at least at the purchase value of the jewel. The jewel must be returned in its original packaging, in its original condition, accompanied by the return slip, to the following address: EYLIA Madrid. It is up to the buyer who exercises his right of return to prove that the Product has been returned. This proof will be made either by the receipt of a registered shipment or by any other document provided by the carrier. The returned jewelry will be exchanged or refunded within a maximum period of fifteen (15) days from its receipt by EYLIA. In the case of a refund, this will be made by crediting the amount to be refunded to the Customer's bank account, by transfer or by Paypal. If the Customer does not respect these conditions, in particular the return or exchange conditions, EYLIA cannot reimburse the jewelry concerned.

9. GUARANTEES AND LIABILITY
EYLIA has, for all stages of access to the Site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. EYLIA cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact qualified as force majeure, in accordance with law and case law.
9.1. Legal guarantee of conformity and guarantee of hidden defects
9.1.1 Consumer information All jewelry supplied by the seller benefits from the legal guarantee of conformity provided for in article 21 of the Spanish Consumer Code. The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, if applicable: - if it corresponds to the description given by the seller and has the qualities that this presented to the buyer as a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or 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 which the latter has accepted. The action resulting from the lack of conformity lapses six months after delivery of the goods, in accordance with the exception made for second-hand goods. 9.1.3 Implementation of the warranty against hidden defects In accordance with articles 1.484 and following of the Spanish Civil Code: The seller is bound by the warranty for hidden defects in the item 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 only a lower price, if he had known them. The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. The customer can 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 price of the sale.
9.2 Guarantees specific to the sale of precious metals and precious stones The jewels sold by EYLIA comply with Decree 3390/1981, of December 18 relating to the trade in gemstones and pearls 9.3 PERSONAL DATA EYLIA undertakes not to use the confidential information of Customers only in the context of the operation of its Site. For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it. As such, information concerning him may be communicated to EYLIA technical service providers. In addition, EYLIA may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracking the number of visitors to certain pages. In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him appearing in EYLIA's files. All requests must be sent by email to: contact@eylia-vintage.com or by post to the following address: EYLIA Madrid. This computer processing was the subject of a declaration to the National Commission for Computing and Liberties (CNIL) which issued receipt no. […] On […] 2016.

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 (products listed, descriptions, images, videos, etc.). The Site or any part of the Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written permission of EYLIA. In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of EYLIA. The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark that would be detrimental to the rights holder, unless otherwise provided by contract. The same is true for any other intellectual property right.

11.FORCE MAJEURE
In the event of the occurrence of an event of force majeure, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. commercial, civil disturbance, insurgency, war, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal modifications or regulatory 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 performance of the contractual relationship. All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the contract concerned may be automatically terminated without compensation for either party.

12. GENERAL PROVISIONS
12.1. PARTIAL INVALIDITY OF A CLAUSE If any of the provisions of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.
12.2. UPDATE These general conditions can be modified at any time and without notice by EYLIA, the applicable conditions being those in force on the date of the order by the Customer. These general conditions of sale are permanently accessible at the following address: [www.eylia-vintage.com/…] in a computer format allowing them to be printed and / or downloaded, so that the Customer can proceed to their reproduction or their safeguard.
12.3. APPLICABLE LAW - COMPETENT COURT These general conditions are subject to Spanish law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement. In the event of a dispute, the Spanish courts of the place of the registered office of the company EYLIA will have sole jurisdiction, except in application of rules of common law when the consumer is a claimant. In the event of a dispute, the Customer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to any alternative dispute resolution method in the event of a dispute. Online out-of-court dispute resolution. As a consumer residing in the European Union, you have the right to present 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) ceiling at the following address: http: // ec.europa.eu/consumers/odr/ EYLIA company and the Customer undertake in the event of a dispute to seek an amicable solution before any legal action.