General Terms and Conditions of Sale (GTC)

Definitions

These General Terms and Conditions of Sale (hereinafter the “GTC”) are provided by Luj SARL, with a share capital of €8,000, registered with the Paris Trade and Companies Register under number 80513910200026, whose registered office is located at 32 Place Saint Georges, 75009 Paris, France (hereinafter “Luj”).

For the purposes of these GTC:

“Website”: the website https://www.lujparis.com and all of its pages.
“Products”: all items available for purchase on the Website.
“Seller”: Luj, the legal entity offering its Products on the Website.
“Client”: the internet user, whether an individual or a professional, making a purchase of Product(s) on the Website.
“Consumer”: in accordance with the preliminary article of the French Consumer Code, “any natural person who is acting for purposes which are outside his or her trade, business, craft or profession.”

Any user visiting the Website and interested in the Products offered by the Seller is invited to read these GTC carefully and to print them and/or save them on a durable medium before placing an order on the Website.

The Client acknowledges having read the GTC and accepts them fully and without reservation.

Article 1 – Application of the GTC and purpose of the Website

The Seller reserves the right to modify the GTC at any time by publishing a new version on the Website.

The GTC applicable to the Client are those in force on the day the order is placed on the Website.

Legal information regarding the host and the publisher of the Website, the collection and processing of personal data, and the terms of use of the Website are provided in the Website’s Terms of Use, Legal Notice, and Privacy Policy. The Website offers online sales of fashion jewelry and fine jewelry.

The Website is freely accessible to any Client. Purchasing a Product implies the Client’s acceptance of all of these GTC, and the Client acknowledges having fully taken note thereof. This acceptance is expressed by ticking the box corresponding to the statement “I acknowledge having read and accepted all the General Terms and Conditions of Sale.”

Ticking this box is deemed to have the same value as a handwritten signature by the Client. Acceptance of these GTC presupposes that Clients have the required legal capacity. If the Client is a minor or does not have such legal capacity, the Client declares that he or she has the authorization of a guardian, curator, or legal representative.

The Client acknowledges the evidentiary value of the Seller’s automatic recording systems and, unless proving otherwise, waives the right to contest them in the event of a dispute. The Publisher provides the Client, on the Website, with a Privacy Policy specifying all information relating to the use of the Client’s personal data collected by the Publisher and the rights the Client has regarding such data.

The Privacy Policy forms part of the GTC. Acceptance of these GTC therefore implies acceptance of the Privacy Policy.

Article 2 – Creation of a client account

Creating a client account is not mandatory to place an order on the Website.

The Client is invited to provide certain personal information such as first and last name, email address, postal address, and telephone number, this list not being exhaustive. The Client undertakes to provide accurate information. The Client is responsible for updating this data and must therefore notify the Seller without delay of any changes.

The Client is solely responsible for the truthfulness, accuracy, and relevance of the data provided. A registered Client may access the Website by logging in using his/her credentials (email address defined at the time of registration and password) or, where applicable, via third-party social login buttons. The Client is entirely responsible for safeguarding the chosen password and is encouraged to use complex passwords. In case of a forgotten password, the Client may generate a new one. This password guarantees the confidentiality of the information contained in the “My Account” section and must not be disclosed or communicated to any third party. Otherwise, the Seller cannot be held liable for unauthorized access to a Client account.

The client account allows the Client to view all orders placed on the Website. If the data contained in the client account section were to disappear due to a technical failure or a force majeure event, the Seller’s liability could not be engaged, as this information has no probative value and is for information purposes only.

Pages related to the client account may be freely printed by the Client who owns the account but do not constitute proof. They are provided for informational purposes only to ensure efficient management of the Client’s orders or contributions. Each Client is free to close his/her account on the Website by sending an email to the Seller indicating the wish to delete the account. No data recovery will then be possible.

The Seller reserves the exclusive right to delete the account of any Client who has violated these GTC (including, without limitation, when the Client knowingly provided incorrect information at registration or when creating the personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a damage for the Client and shall not give rise to any compensation. This exclusion does not preclude the Seller from initiating legal proceedings against the Client where justified.

Article 3 – Ordering terms and description of the purchase process

The Products offered are those listed in the catalog published on the Website and are offered subject to availability. Each Product is accompanied by a description prepared by the Seller based on the descriptions provided by the supplier.

The Product photographs in the catalog reflect a true image of the Products offered but do not constitute a contractual commitment, as perfect similarity with the physical Products cannot be guaranteed.

“Cart” refers below to the intangible object grouping all the Products selected by the Client on the Website for purchase after clicking on those items. To place an order, the Client selects the Product(s) to order by adding them to the Cart, the contents of which can be modified at any time.

Once the Client considers that he/she has selected and added to the Cart all the Products to be purchased, the Client may validate the order by accessing the Cart via the appropriate button. A summary page will then display the number and characteristics of the Products ordered, as well as their unit price.

The Client will then be redirected to a page where the order form fields must be completed, including certain personal data necessary for proper processing of the order.

To validate the order, the Client must tick the box indicating acceptance of these GTC and click the validation button.

All orders placed on the Website must be duly completed and must specify the required information. The Client may make changes, corrections, additions, or cancel the order until its validation. After completing the form, the Client will be invited to proceed with payment using the payment methods listed in the “Prices and payment terms” article. Shortly thereafter, the Client will receive an order confirmation email summarizing the order and its price. Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 4 – Prices and payment terms

Unless otherwise stated, the prices listed in the catalog are expressed in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to handling and shipping costs. Luj reserves the right to modify its prices at any time and, if applicable, to pass on any change in the applicable VAT rate to the price of Products or Services offered on the Website. Nevertheless, the price appearing in the catalog on the day of the order shall be the only price applicable to the Client.

The Client may place an order on the Website and pay by bank card (via Payplug), PayPal, bank transfer, Apple Pay, Google Pay, and in 3, 4, or 10 installments (via our partner Alma) by bank card. Card payments are made through secure transactions provided by an online payment platform provider. The Website has no access to the Client’s payment data. Payment is made directly to the bank or payment service provider receiving the Client’s payment.

Payment in installments with Alma

Payment in several installments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure.

Purchase amount eligibility
P3X: Only purchases between €150 and €7,000 are eligible for payment with Alma.
P4X: Only purchases between €150 and €7,000 are eligible for payment with Alma.

Fees
When paying in installments with Alma, the Client does not pay fees, except in the following case:
P4X: 1.88% per transaction.

Alma is a remote payment manager and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with Articles 1316 et seq. of the French Civil Code.

Termination
Any termination of the GTC binding the Seller and the Client results in the termination of Alma’s terms of use between Alma and the Client.

Payment by credit with Alma

Payment
Payment by credit is available for purchases via our partner Alma. Execution of the payment is subject to the signature of the credit agreement offered by Alma. The Seller gives prior consent to the granting of credit concluded between Alma and the Client in accordance with Article L312-46 of the French Consumer Code. If Alma agrees to grant credit to the Client, the amount will be paid by credit in accordance with Article L312-45 of the French Consumer Code. Any refusal by Alma to grant credit for an order may result in the cancellation of the order, unless the Client agrees to pay in full immediately. Any termination of the GTC binding the Seller and the Client entails the termination of the credit agreement between Alma and the Client. In the event of withdrawal, any fees and interest borne by Clients will be refunded in accordance with the regulations.

Security
Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure. Alma is a remote payment manager and issues an electronic certificate that serves as proof of the amount and date of the transaction in accordance with Articles 1316 et seq. of the French Civil Code.

Special case
In the case of a sales or services contract performed on a successive basis or delivered within fairly long timeframes, the Seller must specify in its GTC the start time of delivery or performance. For more details, you may contact Alma’s teams at support@getalma.eu.

Luj will archive order slips and invoices on a reliable and durable medium constituting a true copy. The computerized records shall be considered by the parties as proof of communications, orders, payments, and transactions occurring between the parties.

Article 5 – Deliveries

Shipping costs are free for purchases over €250 in mainland France, €350 in the European Union, and €600 in the rest of the world. Shipping costs will be indicated to the Client before any payment. The Website has no geographical delivery limitation; orders can be shipped worldwide. In the case of delivery of a Product outside the territory of the European Union, the Client is deemed the importer of the Product and accepts that, in such cases, the Seller may be materially unable to provide accurate information on the total amount of fees related to customs duties and formalities or import taxes applicable in the country where delivery is requested. Any customs duties and import taxes of the destination country are payable by the recipient.

Any order placed on www.lujparis.com will be processed and shipped within a maximum of 72 hours. Deliveries are made by Colissimo home delivery with signature, DHL Express home delivery with signature, or Colissimo pickup point for France, and by DHL Express Worldwide for the rest of the world, generally within 2 to 5 business days. The Client can track the parcel using the tracking number that LUJ will send by email.

The Customer is solely responsible for the accuracy, completeness, and correctness of the delivery information provided when placing the order, including but not limited to the destination address, the name displayed on the mailbox, and any information necessary to ensure proper delivery of the parcel.

In the event of an error, omission, or inaccuracy in the address provided by the Customer resulting in the inability to deliver the order, a delivery delay, the return of the parcel to the sender, or delivery to a third party, the Seller shall not be held liable, in accordance with Article L.221-15 of the French Consumer Code.

Any parcel returned to the Seller due to an incorrect, incomplete, or non-compliant address may, at the Customer’s choice:

be reshipped at the Customer’s sole expense, or
give rise to a refund of the price of the Products, excluding the initial shipping costs and any return fees charged by the carrier.

No refund may be claimed until the parcel has been effectively returned to the Seller.

The Client may refuse a parcel at the time of delivery if an anomaly is observed (damage, missing Product compared to the delivery note, damaged parcel, broken Products). Any anomaly must be indicated by the Client on the delivery note as handwritten reservations, accompanied by the Client’s signature.

To exercise the right of refusal, the Client must open the damaged or defective parcel(s) in the presence of the carrier and have the damaged goods taken back by the carrier. Failing compliance with these requirements, the Client will not be able to exercise the right of refusal, and the Seller will not be obliged to grant the Client’s request to exercise such right. If the Client’s parcel is returned to the Seller by the postal services or other carriers, the Seller will contact the Client upon receipt of the returned parcel to request further instructions. If the Client mistakenly refused the parcel or failed to collect it before the pickup deadline at the relay point, the Client may request reshipment after paying the postage for the new shipment in advance. Postage must be paid even for orders for which shipping costs were initially offered.

In the event of a delivery error or exchange (if the right of withdrawal applies, i.e., if the Client is a Consumer and the contract for acquiring the Product allows withdrawal under Articles L.221-18 et seq. of the French Consumer Code), any Product to be exchanged or refunded must be returned to the Seller in full and in perfect condition. Any defect resulting from mishandling or improper use by the Client cannot be attributed to the Seller.

Any delivery delay beyond the date or period indicated to the Consumer Client at the time of order or, failing such indication, beyond thirty (30) days from the conclusion of the contract, may result in termination of the sale at the initiative of the Consumer Client by written request sent by registered letter with acknowledgment of receipt, if, after instructing the Seller to deliver, the Seller has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days from the date on which the contract was canceled, for all sums paid. This clause does not apply if the delivery delay is due to a force majeure event.

Article 6 – Right of withdrawal and withdrawal form

In accordance with Article L.221-18 of the French Consumer Code, the Consumer Client has a period of fourteen (14) working days from the date of receipt of the Product to withdraw. The Client must return any Product that does not suit and request an exchange or refund without penalty, except for return shipping costs, within fourteen days from receipt of the order.

The Product must be returned in perfect condition. The Product must not have been worn, used, altered, washed, or damaged. Where applicable, it must be accompanied by all its accessories. The Consumer Client may use the model withdrawal form below for an order placed on the Website, to be sent to info@lujparis.com. The Client shall bear the return shipping costs in the event of withdrawal. If the above obligations are not met, the Client will lose the right of withdrawal and the Product will be returned at the Client’s expense. It is recommended that the Client return the Product using a shipping method with parcel tracking. Otherwise, if the returned parcel does not reach the Seller, no investigation with the postal services can be initiated to locate it. Refunds will be made using the same means of payment as that chosen by the Client for the initial transaction. The Seller also reserves the right to defer the refund until receipt of the Product.

In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client’s liability may be engaged. In accordance with Article L221-5 of the French Consumer Code (Hamon Law) of June 2014, the Consumer Client may use the following model withdrawal form for an order placed on the Website:

Withdrawal form

Please complete and send the form below by email to info@lujparis.com before returning your purchase (only if you wish to withdraw from the contract).

Download the form

Article 7 – Product warranty

Statutory provisions

When acting under the legal guarantee of conformity, the Consumer has a period of two years from delivery of the goods to act. The Consumer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. Except for second-hand goods, the Consumer is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery, a period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. The Consumer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code, unless the Seller has stipulated that it shall not be bound by any guarantee. In the event that this guarantee is implemented, the buyer may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code. The buyer has two years from the discovery of the defect to act.

The deferral, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day on which the right arose, in accordance with Article 2232 of the French Civil Code.

Legal guarantee of conformity

Pursuant to Articles L.217-4 et seq. of the French Consumer Code, the Seller is required to deliver goods in conformity with the contract concluded with the Consumer Client and is liable for any lack of conformity existing at the time of delivery of the Product. The conformity guarantee may be exercised if a defect exists on the day the Product is taken possession of. However, when the defect appears within 24 months following that date (or within 6 months if the order was placed before March 18, 2016 or if the Product is sold second hand), it is presumed to have existed at the time of delivery. In accordance with Article L.217-7 of the French Consumer Code, “the Seller may rebut this presumption if it is not compatible with the nature of the Product or the alleged lack of conformity.”

After this 24-month period (or 6 months if the order was placed before March 18, 2016 or if the Product is sold second hand), the burden will be on the Client to prove that the defect existed at the time the Product was taken possession of.

In accordance with Article L.217-9 of the French Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the good or the importance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer.”

Legal guarantee against hidden defects

Under Articles 1641 to 1649 of the French Civil Code, the Client may request implementation of the guarantee for hidden defects if the defects were not apparent at the time of purchase, existed prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either render the Product unfit for its intended use or so diminish its use that the buyer would not have purchased the Product or would have paid a lower price if the defect had been known).

Claims, requests for exchanges, or refunds for a non-conforming Product must be made by post to: LUJ, 32 Place Saint Georges, 75009 Paris, or by email to: info@lujparis.com.

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will proceed with its exchange. If exchange of the Product is impossible (Product obsolete, out of stock, etc.), the Client will be refunded by cheque or bank transfer for the amount of the order. The costs of the exchange or refund procedure (notably the return shipping costs of the Product) shall then be borne by the Seller.

Article 8 – Customer service

The customer service of the Website is available by email at: info@lujparis.com or by post at: LUJ, 32 Place Saint Georges, 75009 Paris.

Luj also provides telephone assistance to answer Clients’ questions. Telephone assistance can be reached at +33 (0)1 53 20 98 74 (non-premium rate) from Monday to Friday, 11:00 a.m. to 6:30 p.m.

Article 9 – Liability

The Seller Luj shall not be held liable for failure to perform the contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller shall not be liable for any indirect damages arising hereunder, including loss of business, loss of profit, damages, or costs that may occur.

The choice and purchase of a Product are the sole responsibility of the Client. The total or partial impossibility of using the Products, particularly due to equipment incompatibility, shall not give rise to any compensation, refund, or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness, or exercise of the right of withdrawal if applicable, i.e., if the Client is a Consumer and the contract for acquiring the Product or Service allows withdrawal under Article L.221-18 et seq. of the French Consumer Code.

The Client expressly admits using the Website at his/her own risk and under exclusive responsibility. The Website provides the Client with information for guidance only and may contain imperfections, errors, omissions, inaccuracies, and other ambiguities. In any event, Luj shall not be liable for:

any direct or indirect damage, including loss of profit, loss of revenue, loss of clientele, loss of data, resulting from the use of the Website or the impossibility of using it;
malfunction, unavailability of access, misuse, misconfiguration of the Client’s computer, or use of an uncommon browser by the Client;
the content of advertisements and other external links or sources accessible by Clients from the Website.

The photographs and visuals of the Products presented on the Website are not contractual. The Seller’s liability cannot be engaged if the characteristics of the Products differ from the visuals on the Website or if those visuals are incorrect or incomplete.

To preserve the shine of jewelry from wear over time, avoid contact with water, perfume, cosmetics, and chemicals. It is also advisable not to wear jewelry while sleeping or playing sports. Store each piece individually away from light and humidity in the pouches provided. Patina fades over time. This is a perfectly normal result of natural wear and will depend on how you care for your jewelry.

Article 10 – Intellectual property rights

All elements on the Website belong to the Seller or to a third party agent, or are used by the Seller with the permission of their owners. Any reproduction or representation, including logos, textual content, pictograms, or videos, without limitation, is strictly prohibited and constitutes infringement.

Any Client committing infringement may have his/her account deleted without prior notice or compensation, and such deletion shall not constitute damages. This is without prejudice to any subsequent legal proceedings initiated against the Client by the Seller or its agent.

This Website uses elements (images, photographs, content) with credits belonging to: LUJ.

The trademarks and logos contained on the Website may be registered by Luj or by one of its partners. Any representation, reproduction, nesting, distribution, or redistribution thereof exposes the offender to sanctions provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 11 – Severability

If any provision of the GTC is deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC may not be assigned, transferred, or sublicensed by the Client.

A printed version of the GTC and any notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.

Article 12 – Applicable law and mediation

These GTC are governed by and subject to French law.

Unless mandatory provisions state otherwise, any disputes that may arise in connection with the performance of these GTC may, prior to any legal action, be submitted to the Website Publisher for amicable resolution.

It is expressly recalled that requests for amicable settlement do not suspend the limitation periods for initiating legal action. Unless otherwise provided by mandatory law, any legal action relating to the performance of these GTC shall be submitted to the jurisdiction of the courts of the defendant’s domicile.

Consumer mediation

Pursuant to Article L.612-1 of the French Consumer Code, it is recalled that “any consumer has the right to refer a dispute free of charge to a consumer mediator for the amicable resolution of the dispute with a professional. To that end, the professional guarantees the consumer effective recourse to a consumer mediation mechanism.”

Accordingly, in the context of disputes that could not be resolved amicably, Luj offers Consumer Clients the mediation of a consumer mediator, whose contact details are as follows:

Médiateur du centre de médiation agréé Médicys
contact@medicys.fr
http://www.medicys.fr/index.php/consommateurs/

It is recalled that mediation is not mandatory, but is only offered in order to resolve disputes without resorting to the courts.