General Terms and Conditions
TERMS OF SALES
These general conditions of sale are valid until January 1, 2034.
Date of last update February 18, 2024.
1 - LEGAL NOTICES
These general conditions of sale are concluded on the one hand by the company hereinafter called “Léamor creations” (the seller) and on the other hand, by any natural or legal person wishing to make a purchase via the website of leamorcreations.com hereinafter referred to as “the buyer”. Throughout the site, we use the terms “we”, “us” and “our” in reference to Léamor Créations.
The website leamorcreations.com is a micro-enterprise service MALRIEU Léa located at 328 boulevard du Redon 13009 Marseille. Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.
Léamor Créations is registered in the Trade and Companies Register under number 981 301 864.
SIRET number : 98130186400014 .
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, accessible at the URL address of the following site: https:// leamorcreations.com . Further, these Terms of Service apply to all users of the Site, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/ or content providers. . Please read these general conditions of sale carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these terms and conditions.
The general conditions of sale also apply to in-store sales or to all other distribution and marketing channels.
The company Léamor Créations undertakes to respect all the provisions of the Consumer Code relating to distance selling.
Contact : contact@leamorcreations.com
2 - GENERAL CONDITIONS AND USE
The website leamorcreations.com sells jewelry. The general conditions of sale concern all purchases made on the market site leamorcreations.com .
These conditions of sale aim to define the contractual relations between Léamor creations and the buyer. The buyer, whether professional or consumer, declares having read and accepted the general conditions of sale prior to placing their order. These general conditions express the entirety of the obligations of the parties. The validation and confirmation of the order therefore constitutes the signature and unreserved acceptance of these general conditions of sale as well as the other policies posted online on the website.
Each new tool or feature that is added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page.
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L.221- 5 of the Consumer Code.
The general conditions of sale are accessible on the website leamorcreations.com and will prevail, where applicable, over any other version or any other contradictory document.
Léamor creations reserves the right to modify or update its general conditions of sale from time to time in order to comply with any new regulations or in order to improve the use of its site. In this case, the conditions will be applicable as soon as they are posted online. The buyer and visitor to the site must regularly consult these general conditions of sale.
You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws). You must not transmit any computer worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of our Services.
Partial non-validation : If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.
Attention : By agreeing to these Terms of Use, you represent that you are at or above the age of majority in your region, province or state, or that you have given us permission to allow any of your minor dependents to use This site.
3 - PRODUCT CHARACTERISTICS
The products offered are those which appear on the leamorcreations.com website of the company Léamor creations, while stocks last. The Léamor Créations company reserves the right at any time and without notice to modify the assortment of products or to interrupt the sale of a product. The buyer will be informed of any unavailability of the ordered product and will have the possibility to cancel their order by email.
We reserve the right, but have no obligation, to limit the sale of our products or services to any particular person, geographic region or jurisdiction. We authorize ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer.
Each product is presented with the greatest possible accuracy on the website in the form of a clear and comprehensive description with its main technical characteristics (composition, dimension, color, etc.). However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. The photographs of the products are not contractual and do not bind the publisher. The seller cannot ensure the perfect similarity of the photographs with the physical products (color, size of the pearls, etc.). The visuals of natural pearl jewelry are as faithful as possible but each pearl being unique, the colors and shapes of the pearls may have slightly different characteristics from the photos. In addition, as the jewelry is all handmade, each piece of jewelry is unique and may vary slightly from the photographs.
Please note : From the moment the buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.
4 - ORDER
The buyer has the possibility of placing his order from the online catalog for any product, while stocks last. Before any order, the buyer must create an account on the leamorcreations.com website and fill out a form with strictly personal identification information. At each visit, the buyer must identify themselves on their account with their personal information.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions of sale. He will have to choose the address and the delivery method, and finally validate the payment method.
Our products and services are offered for sale on the online e-commerce platform called Shopify. Your data is stored and secured in Shopify's storage system.
Léamor creations reserves the right not to validate an order for any legitimate reason. Here are some examples: The buyer has not paid in full for a previous order, a dispute is being processed, a suspicion of fraud on the buyer, etc.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address or telephone number provided at the time the order was made. . We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The buyer declares that they are of legal age in their country of residence to be able to make an online purchase on the leamorcreations.com website. Anyone who is a minor or legally incapable must place an order through their parents or guardians.
5 - ORDER CONFIRMATION
The sale is considered final after receipt by the seller of the entire price. The seller provides the buyer with an order confirmation by email provided that the email address indicated in the registration form does not contain an error. Any order constitutes acceptance of the prices and description of the products available for sale.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
To finalize the order, the buyer must accept the general conditions of sale as well as the site's confidentiality policy by checking the box provided for this purpose then validate the order by clicking on the "validate order" button.
6 - PRICES
The prices appearing on the product sheets in the internet catalog are prices in Euros (€) excluding tax, VAT not applicable article 293 B of the CGI. Any change in the VAT rate may be reflected in the price of the company's products or services. The prices do not take into account delivery costs, invoiced additionally, and indicated before validation of the order.
The company Léamor Créations reserves the right to modify its prices without notice and at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer at the time of validation subject to availability. Indeed, prices are likely to vary upwards or downwards depending on the cost of raw materials, for example. The products remain the property of the company Léamor Créations until full payment of the price, fees and taxes included. If one or more taxes or contributions were to be created or modified, up or down, this change may be reflected in the selling price of the products.
In addition, in the event of an order to a country other than mainland France, you are the importer of the product(s) concerned. The customer may have to pay customs duties or other taxes due when importing the products into the country of delivery. These rights and sums do not fall within the responsibility of the company Léamor Créations. The buyer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery. For any refusal to pay customs fees, the package will be returned to the sender. Shipping and customs fees will be deducted from the refund.
7 - PAYMENT
All orders are validated with the obligation to pay the total price according to the payment methods made available on the leamorcreations.com website ( credit card and PayPal). The buyer must ensure that he has the necessary funds to finalize and pay for his order.
For payments by bank card, the buyer guarantees to the seller that he is the holder of the bank card used or that he has the authorizations to do so. The buyer accesses a dedicated space made available by a banking establishment, which ensures the security and recording of the payment order.
The seller reserves the right to cancel an order in the event that the debit of the entire amount due by the buyer is impossible for any reason (opposition, refusal by the issuing center, non-payment in full, etc.)
The seller reserves the right to cancel and refund an order if it contains one or more incorrect elements (price, description, photo, etc.).
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at the following address: contact@leamorcreations.com .
8 - ORDER PREPARATION
Any order placed on the leamorcreations.com website will be prepared and shipped within an average time of 3 to 10 working days within the limits of available stocks, and subject to validation of payment and opening of the website, excluding exceptional periods reported (holidays / exceptional closure / force majeure / epidemic … non-exhaustive list).
If the ordered product is unavailable, the seller will inform the buyer as quickly as possible. The buyer can then cancel their order and be refunded within 14 days or exchange the product from their order.
When ordering several products, Léamor Créations only ships the order once all the products have been manufactured and assembled.
9 - DELIVERY
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, Léamor Créations delivers its jewelry internationally following the shipping times indicated below. Delivery means the transfer to the consumer of physical possession or control of the good.
The products are delivered to the address indicated by the buyer in the order form. The buyer must ensure its accuracy. Any package returned to the seller for various reasons (an incorrect or incomplete delivery address, etc.) will be reshipped at the buyer's expense.
Orders are shipped by La Poste, a delivery service with tracking. Delivery times are given for information purposes only, they are mentioned in working days, excluding order preparation time. Indeed, delivery times may be extended during the end-of-year holidays and during special operations (Black Friday, Valentine's Day, Mother's Day, public holidays, etc.). Léamor Créations cannot be held responsible for delivery delays due to disruptions attributable to carriers (total or partial strike in particular of postal services and means of transport and/or communications).
If delivery times exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed within 14 working days.
A tracking number is sent to the buyer's email address as soon as the order is shipped. The buyer receives delivery to his home only.
Standard delivery in mainland France (2 to 4 working days):
- Free delivery from 100 euros of purchase.
- Paid delivery of €4.90 for orders of less than 100 euros purchase.
Delivery Andorra and Monaco (2 to 4 working days):
- Free delivery from 100 euros of purchase.
- Delivery charge of €5.90 for orders of less than 100 euros purchase.
Delivery Europe (5 to 7 working days):
- Free delivery from 150 euros of purchase.
- Paid delivery of €7.90 for orders of less than 150 euros purchase.
Overseas delivery (7 to 10 working days):
- Free delivery from 150 euros of purchase.
- Paid delivery of €6.90 for orders of less than 150 euros purchase.
International delivery (7 to 10 working days):
- Free delivery from 200 euros of purchase.
- Delivery charge of €12.00 for orders of less than 200 euros purchase.
The buyer is required to check the packaging of the goods and their contents upon delivery. In the event of damage during transport, if the package is damaged, torn or opened, the customer must check the condition of the items and must contact Léamor Créations within 24 hours after receipt of the package as well as the carrier (La Poste). If the delivery person is present when the damaged or opened package is received, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged). This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must make to the seller on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality compared to the indications. appearing on the product sheet by attaching a photo of the product(s) after opening.
In the event of loss or theft of the package, Léamor Créations will then contact the post office to start an investigation. Depending on the location of delivery, a postal investigation can last between 21 and 90 working days. If during this period, the product is found, it will be re-delivered immediately to your home. If, on the other hand, the product is not found at the end of the investigation period, the post office considers the package as lost. Only at the end of this period can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse you for the amount of the products affected by the carrier's loss.
Please contact us within 24 hours in the event of loss or theft of the package, by email to the following address: contact@leamorcreations.com .
10 - RIGHT OF WITHDRAWAL
Under article L121-20 of the Consumer Code, the buyer has a period of 14 days from receipt of his order to exercise his right of withdrawal and thus return the product to the seller to obtain a refund without justification or penalty with the exception of return costs.
This withdrawal is valid provided that the product is in its original condition, not having been worn, used or damaged and is returned in its original packaging. Your responsibility is engaged, if these conditions are not respected, no refund will be made. Any claim made outside this deadline will be refused. Returns must be made using a delivery method with tracking, in fact, we do not guarantee that we will receive the item you are returning to us. To make a return, the buyer must send an email to the following address contact@leamorcreations.com with their contact details and order number. A return confirmation email will be sent to the buyer.
Refunds can be made within 14 days after receipt of the return package, only on the payment method used when placing the order. If a piece of jewelry was purchased with a discount code, then the refund will take into account the amount paid with this code. Promotional jewelry as well as earrings and piercings (for hygiene reasons) cannot be refunded. According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalized. Therefore, any personalized jewelry (dimensions, colors, etc.) cannot be returned or refunded.
You can consult our returns policy directly on our website.
For any order cancellation, please send an email within one hour of your order to contact@leamorcreations.com specifying your full name and your order number, we will do what is necessary.
No refunds will be made in the event of poor care or negligence on the part of the customer.
11 - GUARANTEE
All products supplied by the company Léamor Créations benefit from the legal guarantee of conformity and the guarantee against hidden defects, provided for by articles 1641 et seq. of the civil code. We do not provide any additional guarantees. Any complaint must be made by email to the following address: contact@leamorcreations.com.
Despite the care taken when preparing your orders, an item may arrive damaged or be defective. To do this, you have 24 hours to notify the company Léamor Créations by email after receipt of the item and request an exchange or credit (valid for 6 months). Don't forget to include your order number as well as a photo of the damaged item.
12 - PERSONAL DATA
The company Léamor Créations reserves the right to collect nominative information and personal data concerning buyers such as your name, address or even e-mail. They are essential for the management of your orders, as well as for improving the services and information that we send to you.
This information may also be communicated to the seller's partners who contribute to the execution, management, processing and payment of orders.
This data (such as purchase orders and invoices) is kept on a reliable and durable medium, for security purposes in order to comply with certain legal and regulatory obligations.
These computerized data are considered proof of communication, order and payment between the seller and the buyer. They can be used in the event of a dispute, for example.
In accordance with the law of January 6, 1978, you have the right to access, rectify and oppose personal information and personal data concerning you. This right can be exercised under the conditions and according to the terms defined on the website.
When potential buyers browse the leamorcreations.com website, the company will receive the internet protocol address, known as the IP address, of your computer or smartphone.
Cookies are used when using the site. The user has the option to deactivate cookies from their browser settings.
No banking information is saved when paying for your orders.
The buyer will be able to subscribe to our newsletter to receive emails about new products, benefits and other updates.
You can consult our privacy policy on our website.
13 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to such tools ”as is” and “subject to availability” without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own discretion and risk. In addition, it is your responsibility to inquire about and accept the terms on which such tools are provided by the applicable third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). These new services and/or features will also be subject to these terms of use.
14 - RESPONSIBILITY
The company Léamor Créations, in the distance selling process, is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, external intrusion, the presence of computer viruses, interruption of service, or other involuntary problems.
The products offered comply with current French legislation. The company Léamor Créations cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered.
The company Léamor Créations cannot be held responsible for damage resulting from improper use of the product purchased.
15 - COMMENTS, FEEDBACK AND OTHERS SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in competitions), or if, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you grant us the right, at any time, without restriction, to modify, copy, publish, distribute, translate and use in any media all the comments you send us. We are and shall be under no obligation to maintain any comments in confidence; to compensate anyone for any comments provided; or respond to comments.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property of a party or these Terms of Use.
You agree that your comments shall not in any way violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any other website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise mislead us or third-parties as to the origin of any comments. You are entirely responsible for all comments you make and their accuracy. We take no responsibility for any comments posted by you or any third-party.
16 - FORCE MAJEURE
The liability of the company Léamor Créations cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. . As such, force majeure means any unforeseeable or exceptional external event within the meaning of article 1148 of the civil code. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers. The occurrence and disappearance of these major circumstances will be communicated as far as possible in order to agree on solutions to continue the execution of the contract. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
17 - INTELLECTUAL PROPERTY
All content of the leamorcreation.com website is and remains the exclusive intellectual property of the company Léamor Créations. The seller is the sole owner of the intellectual property rights to this content.
Visitors to the website and buyers undertake not to make any use of this content without written agreement from the company. Any total or partial reproduction of this content, whether photo, logo, text, or visual, is strictly prohibited and may constitute an offense of counterfeiting.
Visitors and buyers are prohibited from any act of reproduction of jewelry sold online on the site leamorcreation.com or the use of photographs, concepts, product names, as well as any act tending to copy the company Léamor Créations.
18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any local ordinance or international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or of any related website and other websites or of the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort, crawl, crawl, or crawl the web; (j) for lewd or immoral purposes; or (k) to disrupt or circumvent the security measures of the Service or any related sites, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any usage prohibitions.
17 - APPLICABLE LAW AND MEDIATION
These general conditions of sale are written in French, they are therefore subject to the application of French law. In the event of a dispute, the French courts will have sole jurisdiction. In the event that it is translated into a foreign language, only the French text will be authentic.
However, in the event of a dispute between the buyer and Léamor Créations, they will endeavor to resolve it amicably to obtain a solution. In the absence of an amicable agreement or absence of response from Léamor Créations within a reasonable period of one month, the consumer buyer within the meaning of article L.133-4 of the Consumer Code has the possibility of seizing free of charge, if a disagreement remains, the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of article L.615-1 of the Consumer Code, namely: The Professional Mediation Company. The buyer can then file a complaint on the website www.mediateur-consommation-smp.fr or by post by writing to 24 rue Albert de Mon - 33000 Bordeaux.
18 - CONTACT
For any questions or requests for information on our general conditions of sale, our confidentiality policy, our returns policy, your complaints or any after-sales service, please contact us by e-mail at the following address contact@leamorcreations. com .