Terms & Conditions
Article 1: Preamble and contact
1.1 Preamble
These general terms and conditions of sale apply exclusively between
HOLY OUD (hereinafter referred to as “We”) and any person visiting or making a purchase via the
www.paolazovar.com website. (hereinafter referred to as “You” or “Buyer”). They also contain PAOLA ZOVAR’s warranty policy.
Any Internet user may consult the general terms and conditions of sale on the
www.paolazovar.com (http://www.paolazovar.com) site (hereinafter the “Site”). These general terms and conditions of sale may be subject to change. The terms and conditions applicable are those in force on the Site at the date you place your order. 1.2 Contact and identification of the seller
PAOLA ZOVAR is a brand belonging to the company HOLY OUD – Jennifer Dewavrin whose registered office is located at 202 route de la Garde 69760 LIMONEST.
Registered with the RCS of Lyon 845 348 036 00029
Here are our contact details if you wish to contact us:
Service consommateurs : welcome@paolazovar.com
HOLY OUD
Jennifer Dewavrin 202 route de la garde 69760 LIMONEST Tél : 06.88.63.62.72 Du lundi au vendredi de 9H1 à 13H00 et de 14H00 à 17H00 (heures française)
Directeur de publication : Jennifer Dewavrin
Website host : Harko.fr 1.3 Website identification
This website is owned and managed by HOLY OUD
Establishment located at:
202 route de la Garde 69760 LIMONEST
Registered RCS Lyon 845 348 036 00029 This site has been declared to the CNIL,
ARTICLE 2: CONTRACT
2.1 Conditions for placing an order
– You declare that you are an individual, at least 18 years of age, and that you have the legal capacity or parental authorization to place an order on the Site. – You are acting for your own personal needs (in particular, any order that
You place on the Site must correspond to the normal needs of a private individual)
– You unconditionally accept these terms and conditions of sale
– You are fully authorized to use the payment card for the transfer of your order, and the card gives you access to sufficient funds to pay for your order in full. If one or more of these four conditions is not met, You are not authorized to place an order. 2.2 Order and confirmation
Once you have placed your order, we will send you an e-mail confirming your order.
HOLY OUD is only bound to the order once this confirmation has been sent.
We will only acknowledge receipt of your order if the following steps have been taken: 1) Recording of the data requested concerning the purchaser.
The nominative information collected in the context of distance selling is mandatory; this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential.
Failure to provide this information will result in automatic rejection of the order.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on the Site has been declared to the Commission Nationale de l’Informatique et des Libertés (
CNIL).
In accordance with the French Data Protection Act of January 6, 1978, the Buyer has the right to access, rectify and oppose all personal data at any time by writing to our Customer Service Department, providing proof of identity, HOLY OUD
Jennifer Dewavrin 202 route de la garde 69760 LIMONEST 2) Validation of the order 3) Payment
Holy Oud reserves the right to refuse any order concerning a User, on just grounds, in particular if there is any doubt or dispute relating to the payment of a previous order or fraud. It should be noted that validation of the order form constitutes an electronic signature which has the same value between the Parties as a handwritten signature, and is proof of the completeness of the order and of the payability of the sums due in execution of the said order. The date of the order is deemed to be the date of validation of payment of the order by the purchaser.
In accordance with article 1369-2 of the French Civil Code, “HOLY OUD” undertakes to confirm the purchaser’s order by means of an acknowledgement of receipt sent by email within
48h. This will specify the content of the order, its cost, the method of payment chosen and the delivery terms.
We reserve the right to block orders from customers with outstanding disputes that cannot be resolved for lack of a response on their part.
” Holy Oud” reserves ownership of all items ordered until full payment has been received from the customer.
ARTICLE 3: PRICES, AVAILABILITY AND DELIVERY
3.1 Prices
In accordance with article L111-1 of the French Consumer Code, the prices of our products on the Site are indicated in Euros (€), inclusive of all taxes. They take into account the value-added tax (VAT) applicable on the day the order is placed, as well as any discounts in force on the day the order is registered. Any change in the applicable VAT rate may immediately be reflected in the price of the Products.
The prices displayed on the Site do not include any contribution to shipping costs, which may be invoiced in addition and which will be indicated to You, where applicable, before validation of your order and then upon confirmation of your order.
We reserve the right to modify our prices without prior notice and at any time. Products already ordered will be invoiced according to the rates in effect at the time the order is placed.
Despite our best efforts, a number of products on our Site may contain pricing errors. 3.2 Availability and delivery
Unless You are informed of longer than normal manufacturing, processing, shipping and/or delivery times, the products ordered are delivered within a maximum of thirty (30) working days from receipt of the order. Any delay in delivery shall not give rise to damages, deductions or cancellation of the order by the purchaser. In the event of late delivery in relation to the date initially set, the purchaser must notify welcome@paolazovar.com in writing (letter or e-mail) within fifteen (15) days of the order’s departure date, to enable us to carry out an inquiry with the carrier. In the event of force majeure (fire, flood, strike, riot) or reasons beyond its control, HOLY OUD is released from its obligations. In the event of a change of size or reference once your initial order has been validated and paid for, the delivery date indicated at the time of your purchase is no longer valid and will have to be re-assessed by customer service once your request for modification has been taken into account by the latter. We cannot guarantee delivery on the date linked to the first choice of jewel, since a change of reference or size may cause a delay in the usual manufacturing and delivery process. Once the order is ready, an email will be sent to the buyer to notify him/her of the dispatch of the order. As ownership of the product sold is transferred to the buyer, from the moment the products are dispatched and paid for, they are forwarded under the buyer’s responsibility, even if the order is addressed to a third-party recipient. Products are delivered to the delivery address indicated during the ordering process. In the absence of the Buyer or the Recipient, the latter must imperatively respect the instructions given by the carrier or the letter carrier during his visit. If these instructions are not followed, HOLY OUD cannot be held responsible for the non-delivery of the parcel.
Items ordered travel at the customer’s risk. Upon receipt of the parcel, the customer must check the general appearance of the items.
Any dispute must be made to
HOLY OUD.
If, on receipt of the parcel, the purchaser observes that it has been opened, damaged or deteriorated in transit, he/she must make written reservations on the carrier’s delivery note or refuse delivery. A registered letter must be sent to the carrier stating the previous observations.
The buyer undertakes to send a copy of this letter to HOLY OUD.
If, despite our efforts, a product cannot be delivered, we will inform you by e-mail and/or telephone as soon as possible and your order will be cancelled, without this giving rise to any compensation other than reimbursement of the order.
Deliveries are made in Metropolitan France and Europe. For all other countries, please contact us by e-mail at welcome@paolazovar.com.
ARTICLE 4: PAYMENT
4.1 Methods of payment
You can pay for your orders:
– By credit card (Visa, MasterCard or Carte Bleue): The amount of the order is debited when you place your order. At no time do your credit card details pass through Cavrois Uni-D’s computer system. For security reasons,
Cavrois Uni-D may carry out additional checks before validating the dispatch of your order. In this case, an e-mail will be sent to the purchaser so that he/she can send the supporting documents by post. – By cheque, provided the cheque is issued by a bank domiciled in France. The cheque must be made payable to HOLY OUD and sent with your postal address, surname, first name, telephone number, e-mail address and product reference, to Holy Oud 202, route de la garde 69760 LIMONEST. The order will only be validated once the cheque has been cashed by HOLY OUD. 4.2 Refusal of payment and cancellation of order
For security reasons, we reserve the right to refuse payment and thus cancel orders:
– for an unreferenced delivery address, in hotels or P.O. boxes
– If we are unable to contact the person who placed the order
– For any doubt as to the validity of the order.
ARTICLE 5. LIABILITY
We decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery outside the European Union.
We undertake to take all the care customary in the profession to implement the service offered to the customer. Nevertheless, we shall not be held liable in the event of failure to meet our contractual obligations as a result of an act of God or force majeure as defined by the case law of the French courts.
In addition, we shall not be held liable in the event of insubstantial differences between the photos, texts and illustrations presenting the items on our Site and the items ordered.
We use all the means at our disposal to provide the services covered by these general terms and conditions of sale. We are liable for any direct and foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between us and you, however this compensation may not exceed in any case the amount of the purchase concerned. In no event will we be liable for loss of profits, loss of business, loss of data or loss of profits or any other indirect or consequential damages that were not foreseeable at the time of use of the Site or the conclusion of the sales contract between us and you.
ARTICLE 6. RETENTION OF TITLE
Delivered products remain our property until dispatch of the delivered product once you have paid the price.
ARTICLE 7. RIGHT OF WITHDRAWAL
The buyer has a right of withdrawal of fourteen (14) working days from receipt of items ordered on the Site without having to justify it. Products delivered and for which you exercise this right must not have been used. If you wish to exercise your right of withdrawal and cancel your order, Holy Oud will reimburse you for the amount spent, with the exception of the cost of shipping the items ordered, which remains at your expense, and provided that the products have not been worn or damaged, and returned in their original Paola Zovar case, otherwise they will be returned to you. To exercise your right of withdrawal, you must inform us of your decision to withdraw within fourteen (14) days of receipt of your purchase, by post to the following address: HOLY OUD
Jennifer Dewavrin 202 route de la garde 69760 LIMONEST Shipping costs remain your responsibility. You are free to use the carrier of your choice, as long as your shipment is traceable. Following receipt of your shipment, we will reimburse you within (15) fifteen days for the full amount of your order, excluding all shipping costs. The refund will be made either by crediting the credit card used to place the order, by bank transfer or by sending a cheque made out to the purchaser.
It is not possible to replace or exchange returned products. You will have to place a new order online.
ARTICLE 8. PROPERTY RIGHTS
The Site and all its elements, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents under French and international rules applicable to trademarks, trade or service marks — whether registered or not as such — and trade names or other distinctive signs, copyrights, neighbouring rights, sui generis rights, design rights, patents, trade or manufacturing secrets or other rights of a similar nature and belong to or have been licensed to HOLY OUD. The right of visitors or purchasers to use the Site and any Content or other materials contained therein is subject to compliance with the Agreement and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may violate our rights or those of Our licensors: (I) You may access and display any Content and any other element of the Site only for non-commercial and private use; (II) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written consent of HOLY OUD or unless authorized by applicable mandatory law (in which case, You must keep intact all proprietary notices); (III) decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Site to a readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on such software is prohibited, unless an applicable mandatory legal exception applies (as provided for in article L. 122-6-1 IV of the French Intellectual Property Code); (IV) You must not use meta tags or any other hidden text containing Our name, trademark(s) or those of companies related to Us without Our specific prior written consent; (V) any User who wishes to place, for personal use, on his or her site, a simple link referring directly to the Site’s home page, must obtain Our specific prior written authorization; under no circumstances may Our agreement incur Our liability, for any reason whatsoever, with regard to the Site or any Content; (VI) any hypertext link referring to the Site using the framing or in-line linking technique is formally prohibited. In all cases, any link, even tacitly authorized, must be removed on request. Hypertext links may lead to sites other than the Site. HOLY OUD declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force.
The Site may contain links to other Internet sites. These other sites are not under our control and we cannot be held responsible for the accuracy, intellectual property rights, legality, decency or any other aspect of the content of these sites.
ARTICLE 9: PROTECTION OF PERSONAL DATA
The Site uses cookies (connection cookies), of which the user is informed on entering the website, to record information relating to computer navigation on the website. These cookies are installed only after acceptance by the user, and continued browsing of the website constitutes acceptance. Users may prevent the use of cookies by adjusting their browser settings, bearing in mind that access to certain services may require prior acceptance of cookies by the user.
WHAT PERSONAL DATA DO WE COLLECT?
Some personal data is necessary to provide you with our products or services.
This is particularly the case when :
- you make a purchase,
- contact our customer service department,
- you request to receive communications,
- create an account
- you use our Site.
This personal data includes your :
- contact details, including name, e-mail address, telephone number and delivery and billing address;
- user and account information, including your password and unique user ID;
- personal information, including your purchase history;
- payment or credit card information ;
- finger size data;
- personal preferences, including your wish list, marketing and cookie preferences.
When you interact with our Site, certain data is automatically collected from your web browser.
Information on this data can be found in our “Cookie Management Charter” below. This data includes cookies, IP addresses, data identifying your Internet browser and its version, and web beacons.
WHAT ARE YOUR PERSONAL DATA USED FOR?
When you use our Site, we will use your personal data to provide the product or service you have requested.
If you make a purchase on our Site, or if you request to receive our promotions, we will use your contact information to send you information about your purchase or our promotions.
If you contact our customer service department, we will use information about you, such as delivery or payment information, or the product you purchased, to help solve your problem or answer your question.
To use certain features of our Site, it may sometimes be necessary to provide us with additional data or additional consent for the use of data for certain purposes.
When you create an account, we may use the information you provide to send you marketing communications and news about our products, services, events and other Paola Zovar promotions.
You can unsubscribe at any time to object to the processing of your personal data.
We may also use your personal data relating to the way you use our Site and our services to improve your “user experience” and to enable us to detect technical problems and administer our Site.
To enable us to better understand your behaviour and preferences
We use data about how you use our Site to :
- understand your behaviours and preferences, such as data on how you search for and find our products
- understand the best ways to organize and present our product offerings on our Site.
The basis on which your personal data is processed depends on the conditions under which you provide us with your data.
- When you purchase our products from our Site, we need your personal data to process your order, such as your payment and contact details, in order to deliver your order to you.
WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
All the information in your Account will only be used in the context of your commercial relationship with Paola Zovar. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed entirely by Paypal or by our partner Paybox’s secure payment module.
MEASURES TO PROTECT AND MANAGE YOUR PERSONAL DATA
We use various technical and organizational security measures to ensure the security of your personal data.
The personal data we collect on our Site is stored within the European Union.
Your personal data will be kept for as long as is necessary for each of the purposes defined above and within the limits defined by law.
In general, we will keep your personal data for as long as you keep your Paola Zovar account.In the case of personal data relating to your purchases, we retain this data for a longer period in order to comply with legal obligations, such as those relating to taxation.
WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?
In accordance with the French Data Protection Act and the RGPD, you have the right to access, and where appropriate delete, rectify, limit, as well as the right to portability of your data. These rights may be exercised at any time, subject to proof of identity, by using the following email address: welcome@paolazovar.com
We also remind you that you have the right, for legitimate reasons, to object to the processing of your data, as well as the right to withdraw your consent at any time. If necessary, you may lodge a complaint with the CNIL.
You may also opt-out of receiving communications from us by e-mail or SMS by clicking on the unsubscribe link or by following the unsubscribe instructions included in our messages.
ARTICLE 10: DATA PROTECTION ACT
Privacy policy: www.paolazovar.com does not disclose buyer information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart after you have selected an item.
ARTICLE 11: JURISDICTION AND APPLICABLE LAW
These general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law. In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is given to the competent courts of Nanterre, for disputes with professionals, and to the competent French courts for disputes with private individuals, notwithstanding multiple defendants and/or warranty claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition. PAOLA ZOVAR WARRANTY POLICY for customers in France and Europe
Article L211-4 of the French Consumer Code:
The seller is bound to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. Article L211-5 of the French Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the use normally expected of similar goods and, where applicable : – correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; – present the qualities that a buyer may legitimately expect having regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter. Article L211-15 of the French Consumer Code:
A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price or to replace or repair the goods, in addition to his legal obligations to guarantee the conformity of the goods. The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser. The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor, and reproduces article L. 211-16. It also states clearly and precisely that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 211-4 to L. 211-13 of the present code, and by the warranty relating to defects in the item sold, under the conditions set out in articles 1641 to 648 and 2232 of the Civil Code. Articles L. 211-4, L.
211-5 and L. 211-12 of the present code as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of this right. Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In application of these texts, HOLY OUD is committed to a comprehensive legal warranty covering manufacturing defects. The warranty policy is available at any time under
GENERAL TERMS AND CONDITIONS OF SALE on www.paolazovar.com. The warranty covers only damage which, in the opinion of HOLY OUD, is not caused by accident or improper use, normal wear and tear, alteration, attempted repair or negligence on the part of HOLY OUD
Any item under warranty which proves to be defective may, at your option:
1. be replaced, subject to availability, by an identical item
2. be repaired, depending on the degree of damage to the product under warranty as well as the feasibility and availability of replacement parts. However, HOLY OUD may not proceed according to your choice if this choice would entail a cost manifestly disproportionate to the other modality, taking into account the value of the product or the importance of the defect. In this case, the other choice will apply.
This warranty service is provided free of charge.
The defective part must be sent at your expense to HOLY OUD’s premises. The parcel must be registered and insured.
HOLY OUD declines all responsibility for damage, loss or theft during transport.
If repair or replacement of the product is impossible or takes longer than one month from the date of your complaint, you may return the product and we will issue a refund.
The sale cannot be rescinded if the lack of conformity is minor.
Please keep the invoice in case you have a warranty claim. The invoice serves as proof of purchase or authenticity of the products purchased and as evidence of entitlement to this warranty.
HOLY OUD reserves the right to modify or adapt these warranty conditions and their effect on the future at its discretion, at any time.
This warranty does not affect your statutory rights. A/ Paola Zovar warranty
Products are guaranteed for 8 months from the date of purchase.
Under no circumstances may the warranty exceed this period.
This warranty is excluded in the event of misuse, negligence, abusive use, modification, attempted repair or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear or force majeure.
In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform HOLY OUD by e-mail at welcome@paolazovar.com or by post at : HOLY OUD
Jennifer Dewavrin 202 route de la garde 69760 LIMONEST of the existence of the defects within 48 hours of their discovery. HOLY OUD will replace, substitute or have repaired, the products or parts under warranty deemed defective by HOLY OUD after examination. The repair specialist will define the options for replacement, substitution or repair according to the availability of the parts or product and the possibility of carrying out the repair. If it is established that the damage is not due to a material or manufacturing defect, we will give you the opportunity to have your product repaired at your expense by HOLY OUD. For further information, please contact customer service on 06 88 63 62 72. This warranty also covers labor costs.
We recommend sending the product by registered mail, and insuring it at retail value. HOLY OUD is not responsible for loss, damage or theft of the product in transit.
FINAL ARTICLE – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
You acknowledge having been informed, prior to placing your order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7, and in particular: – the essential characteristics of the Product, taking into account the means of communication used and the Product concerned; – the price of the Products and ancillary costs (delivery, for example); – in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product; – information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, – information relating to legal and contractual guarantees and their implementation procedures; – information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions. The fact that an individual (or legal entity) places an order on the
www.welcome@paolazovar.com website implies full acceptance of these
General Terms and Conditions of Sale, which you expressly acknowledge.
Article 1: Preamble and contact
1.1 Preamble
These general terms and conditions of sale apply exclusively between
HOLY OUD (hereinafter referred to as “We”) and any person visiting or making a purchase via the
www.paolazovar.com website. (hereinafter referred to as “You” or “Buyer”). They also contain PAOLA ZOVAR’s warranty policy.
Any Internet user may consult the general terms and conditions of sale on the
www.paolazovar.com (http://www.paolazovar.com) site (hereinafter the “Site”). These general terms and conditions of sale may be subject to change. The terms and conditions applicable are those in force on the Site at the date your order is placed. 1.2 Contact and identification of the seller
PAOLA ZOVAR is a brand belonging to the company HOLY OUD whose registered office is located at 202 Route de la Garde 69760 LIMONEST Registered with the RCS of LYON
Here are our contact details if you wish to contact us:
Customer service :
welcome@paolazovar.com
jennifer Dewavrin
202 Route de la Garde 69760 LIMONEST
Tél : 0688636272 Monday to Friday from 9H15 to 13H00 and from 14H00 to 17H00 (French time)
Director of publication : Jennifer Dewavrin
Web site host : Harko.fr 1.3 Website identification
This website is owned and managed by HOLY OUD
Establishment located at:
202 Route de la Garde 69760 LIMONEST
Tel: 0688636272
Registered in Lyon 845 348 036 00029
ARTICLE 2: CONTRACT
2.1 Conditions for placing an order
– You declare that you are an individual, at least 18 years of age, and that you have the legal capacity or parental authorization to place an order on the Site. – You are acting for your own personal needs (in particular, any order that
You place on the Site must correspond to the normal needs of a private individual)
– You unconditionally accept these terms and conditions of sale
– You are fully authorized to use the payment card for the transfer of your order, and the card gives you access to sufficient funds to pay for your order in full. If one or more of these four conditions is not met, You are not authorized to place an order. 2.2 Order and confirmation
Once you have placed your order, we will send you an e-mail confirming your order.
HOLY OUD is only bound to the order once this confirmation has been sent.
We will only acknowledge receipt of your order if the following steps have been taken: 1) Recording of the data requested concerning the purchaser.
The nominative information collected in the context of distance selling is mandatory; this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential.
Failure to provide this information will result in automatic rejection of the order.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on the Site has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés) (Declaration
CNIL).
In accordance with the French Data Protection Act of January 6, 1978, the Buyer has the right to access, rectify and object to all personal data at any time by writing, with proof of identity, to our Customer Service, Service Clients Paola Zovar
HOLY OUD
202 Route de la Garde 69760 LIMONEST
Tél : 0688636272 2) Order validation 3) Payment
HOLY OUD reserves the right to refuse any order concerning a User, for just cause, in particular if there is any doubt or dispute relating to the payment of a previous order or fraud. It is reminded that the validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the said order. The date of the order is deemed to be the date of validation of payment of the order by the purchaser. In accordance with article 1369-2 of the French Civil Code, “HOLY OUD” undertakes to confirm the buyer’s order by means of an acknowledgement of receipt sent by email within a period of
48h. This will specify the content of the order, its cost, the method of payment chosen and the delivery terms.
We reserve the right to block orders from customers with outstanding disputes that cannot be resolved for lack of a response on their part.
” HOLY OUD ” reserves ownership of all items ordered until full payment has been received from the customer.
ARTICLE 3: PRICES, AVAILABILITY AND DELIVERY
3.1 Prices
In accordance with article L111-1 of the French Consumer Code, the prices of our products on the Site are indicated in Euros (€), inclusive of all taxes. They take into account the value-added tax (VAT) applicable on the day the order is placed, as well as any discounts in force on the day the order is registered. Any change in the applicable VAT rate may immediately be reflected in the price of the Products.
The prices displayed on the Site do not include any contribution to shipping costs, which may be invoiced in addition and which will be indicated to You, where applicable, before validation of your order and then upon confirmation of your order.
We reserve the right to modify our prices without prior notice and at any time. Products already ordered will be invoiced according to the rates in effect at the time the order is placed.
Despite our best efforts, a number of products on our Site may contain pricing errors. 3.2 Availability and delivery
Unless You are informed of longer than normal manufacturing, processing, shipping and/or delivery times, the products ordered are delivered within a maximum of thirty (30) working days from receipt of the order. Any delay in delivery shall not give rise to damages, deductions or cancellation of the order by the purchaser. In the event of late delivery in relation to the date initially set, the purchaser must notify welcome@paolazovar.com in writing (letter or e-mail) within fifteen (15) days of the order’s departure date, to enable us to carry out an inquiry with the carrier. In the event of force majeure (fire, flood, strike, riot) or reasons beyond its control, HOLY OUD is released from its obligations. In the event of a change of size or reference once your initial order has been validated and paid for, the delivery date indicated at the time of your purchase is no longer valid and will have to be re-assessed by customer service once your request for modification has been taken into account by the latter. We cannot guarantee delivery on the date linked to the first choice of jewel, since a change of reference or size may cause a delay in the usual manufacturing and delivery process. Once the order is ready, an email will be sent to the buyer to notify him/her of the dispatch of the order. As ownership of the product sold is transferred to the purchaser, from the moment the products are dispatched and paid for, they are forwarded under the responsibility of the purchaser, even if the order is addressed to a third-party recipient. Products are delivered to the delivery address indicated during the ordering process. In the absence of the Buyer or the Recipient, the latter must imperatively respect the instructions given by the carrier or the letter carrier during his visit. If these instructions are not followed, HOLY OUD cannot be held responsible for the non-delivery of the parcel.
Items ordered travel at the customer’s risk. Upon receipt of the parcel, the customer must check the general appearance of the items.
Any dispute must be made to
HOLY OUD.
If, on receipt of the parcel, the purchaser observes that it has been opened, damaged or deteriorated in transit, he/she must make written reservations on the carrier’s delivery note or refuse delivery. A registered letter must be sent to the carrier stating the previous observations.
The buyer undertakes to send a copy of this letter to HOLY OUD.
If, despite our efforts, a product cannot be delivered, we will inform you by e-mail and/or telephone as soon as possible and your order will be cancelled, without this giving rise to any compensation other than reimbursement of the order.
Deliveries are made in Metropolitan France and Europe. For all other countries, please contact us by e-mail at welcome@paolazovar.com.
ARTICLE 4: PAYMENT
4.1 Methods of payment
You can pay for your orders:
– By credit card (Visa, MasterCard or Carte Bleue): The amount of the order is debited when you place your order. At no time do your bank details pass through HOLY OUD’s computer system. For security reasons,
HOLY OUD may carry out additional checks before validating the dispatch of your order. In this case, an e-mail will be sent to the purchaser so that he/she can send the supporting documents by post. – By cheque, provided the cheque is issued by a bank domiciled in France. The cheque must be made payable to HOLY OUD and sent with your postal address, surname, first name, telephone number, e-mail address and product reference, to Jennifer Dewavrin HOLY OUD 202 Route de la Garde 69760 LIMONEST. The order will not be validated until the cheque has been cashed by HOLY OUD. 4.2 Refusal of payment and cancellation of order
For security reasons, we reserve the right to refuse payment and thus cancel orders:
– for an unreferenced delivery address, in hotels or P.O. boxes
– If we are unable to contact the person who placed the order
– For any doubt as to the validity of the order.
ARTICLE 5. LIABILITY
We decline all responsibility in the event that the item delivered does not comply with the legislation of the country of delivery outside the European Union.
We undertake to take all the care customary in the profession to implement the service offered to the customer. Nevertheless, we shall not be held liable in the event of failure to meet our contractual obligations as a result of an act of God or force majeure as defined by the case law of the French courts.
In addition, we shall not be held liable in the event of any insubstantial differences between the photographs, texts and illustrations presenting the items on our Site and the items ordered.
We use all the means at our disposal to provide the services covered by these general terms and conditions of sale. We are liable for any direct and foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between us and you, however this compensation may not exceed in any case the amount of the purchase concerned. In no event will we be liable for loss of profits, loss of business, loss of data or loss of profits or any other indirect or consequential damages that were not foreseeable at the time of use of the Site or the conclusion of the sales contract between us and you.
ARTICLE 6. RETENTION OF TITLE
Delivered products remain our property until dispatch of the delivered product once you have paid the price.
ARTICLE 7. RIGHT OF WITHDRAWAL
The buyer has a right of withdrawal of fourteen (14) working days from receipt of items ordered on the Site without having to justify it. Products delivered and for which you exercise this right must not have been used. If you wish to exercise your right of withdrawal and cancel your order, HOLY OUD will reimburse you for the amount spent, with the exception of the cost of shipping the items ordered, which remains at your expense, provided that the products have not been worn or damaged, and returned in their original Paola Zovar case, otherwise they will be returned to you. To exercise your right of withdrawal, you must inform us of your decision to withdraw within fourteen (14) days of receipt of your purchase, by post to the following address: Customer Service Paola Zovar
HOLY OUD 202 Route de la Garde 69760 LIMONEST Shipping costs remain at your expense. You are free to use the carrier of your choice, as long as your shipment is traceable. Following receipt of your shipment, we will reimburse you within (15) fifteen days for the full amount of your order, excluding all shipping costs. The refund will be made either by crediting the credit card used to place the order, by bank transfer or by sending a cheque made out to the purchaser.
It is not possible to replace or exchange returned products. You will need to place a new order online.
ARTICLE 8. PROPERTY RIGHTS
The Site and all its elements, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents under French and international rules applicable to trademarks, service marks, trade names or other distinctive signs, as the case may be, copyright, neighbouring rights, sui generis rights, design rights, patents, trade secrets or other rights of a similar nature and belong to or have been licensed to HOLY OUD The right of visitors or purchasers to make use of the Site and any Content or other elements contained therein is subject to compliance with the Contract and any applicable laws or regulations. Any use of the Site or any Content for any purpose other than those authorized by the Agreement may violate our rights or those of Our licensors: (I) You may access and display any Content and any other element of the Site only for non-commercial and private use; (II) the Site and any Content may not be copied, reproduced, modified, republished, uploaded, posted, adapted, transmitted, distributed or used in any way without the prior written consent of HOLY OUD or unless authorized by applicable mandatory law (in which case, You must keep intact all proprietary notices); (III) decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on the Site to a readable form in order to examine its structure and/or to copy or create other products based (in whole or in part) on such software is prohibited, unless an applicable mandatory legal exception applies (as provided for in Article L. 122-6-1 IV of the French Intellectual Property Code); (IV) You must not use meta tags or any other hidden text containing Our name, trademark(s) or those of companies related to Us without Our specific prior written consent; (V) any User who wishes to place, for personal use, on his or her site, a simple link referring directly to the Site’s home page, must obtain Our specific prior written authorization; under no circumstances may Our agreement incur Our liability, for any reason whatsoever, with regard to the Site or any Content; (VI) any hypertext link referring to the Site using the framing or in-line linking technique is formally prohibited. In all cases, any link, even tacitly authorized, must be removed on request. Hypertext links may lead to sites other than the Site. HOLY OUD declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force.
The Site may contain links to other Internet sites. These other sites are not under our control and we cannot be held responsible for the accuracy, intellectual property rights, legality, decency or any other aspect of the content of these sites.
ARTICLE 9: PROTECTION OF PERSONAL DATA
The Site uses cookies (connection cookies), of which the user is informed on entering the website, to record information relating to computer navigation on the website. These cookies are installed only after acceptance by the user, and continued browsing of the website constitutes acceptance. Users may prevent the use of cookies by adjusting their browser settings, bearing in mind that access to certain services may require prior acceptance of cookies by the user.
WHAT PERSONAL DATA DO WE COLLECT?
Some personal data is necessary to provide you with our products or services.
This is particularly the case when :
- you make a purchase,
- contact our customer service department,
- you request to receive communications,
- create an account
- you use our Site.
This personal data includes your :
- contact details, including name, e-mail address, telephone number and delivery and billing address;
- user and account information, including your password and unique user ID;
- personal information, including your purchase history;
- payment or credit card information ;
- finger size data;
- personal preferences, including your wish list, marketing and cookie preferences.
When you interact with our Site, certain data is automatically collected from your web browser.
Information on this data can be found in our “Cookie Management Charter” below. This data includes cookies, IP addresses, data identifying your Internet browser and its version, and web beacons.
WHAT ARE YOUR PERSONAL DATA USED FOR?
When you use our Site, we will use your personal data to provide the product or service you have requested.
If you make a purchase on our Site, or if you request to receive our promotions, we will use your contact information to send you information about your purchase or our promotions.
If you contact our customer service department, we will use information about you, such as delivery or payment information, or the product you purchased, to help solve your problem or answer your question.
To use certain features of our Site, it may sometimes be necessary to provide us with additional data or additional consent for the use of data for certain purposes.
When you create an account, we may use the information you provide to send you marketing communications and news about our products, services, events and other Paola Zovar promotions.
You can unsubscribe at any time to object to the processing of your personal data.
We may also use your personal data relating to the way you use our Site and our services to improve your “user experience” and to enable us to detect technical problems and administer our Site.
To enable us to better understand your behaviour and preferences
We use data about how you use our Site to :
- understand your behaviours and preferences, such as data on how you search for and find our products
- understand the best ways to organize and present our product offerings on our Site.
The basis on which your personal data is processed depends on the conditions under which you provide us with your data.
- When you purchase our products from our Site, we need your personal data to process your order, such as your payment and contact details, in order to deliver your order.
WITH WHOM DO WE SHARE YOUR PERSONAL DATA?
All the information in your Account will only be used in the context of your commercial relationship with Paola Zovar. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed entirely by Paypal or by our partner Paybox’s secure payment module.
MEASURES TO PROTECT AND MANAGE YOUR PERSONAL DATA
We use various technical and organizational security measures to ensure the security of your personal data.
The personal data we collect on our Site is stored within the European Union.
Your personal data will be kept for as long as is necessary for each of the purposes defined above and within the limits defined by law.
In general, we will keep your personal data for as long as you keep your Paola Zovar account.In the case of personal data relating to your purchases, we retain this data for a longer period in order to comply with legal obligations, such as those relating to taxation.
WHAT ARE YOUR RIGHTS REGARDING YOUR PERSONAL DATA?
In accordance with the French Data Protection Act and the RGPD, you have the right to access, and where appropriate delete, rectify, limit, as well as the right to portability of your data. These rights may be exercised at any time, subject to proof of identity, by using the following email address: welcome@paolazovar.com
We also remind you that you have the right, for legitimate reasons, to object to the processing of your data, as well as the right to withdraw your consent at any time. If necessary, you may lodge a complaint with the CNIL.
You may also opt out of receiving communications from us by e-mail or SMS by clicking on the unsubscribe link or by following the unsubscribe instructions included in our messages.
ARTICLE 10: DATA PROTECTION ACT
Privacy policy: www.paolazovar.com does not disclose buyer information to third parties. Cookies are used on this shopping site to keep track of the contents of your shopping cart after you have selected an item.
ARTICLE 11: JURISDICTION AND APPLICABLE LAW
These general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law. In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is given to the competent courts of Nanterre, for disputes with professionals, and to the competent French courts for disputes with private individuals, notwithstanding multiple defendants and/or warranty claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition. PAOLA ZOVAR WARRANTY POLICY for customers in France and Europe
Article L211-4 of the French Consumer Code:
The seller is bound to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. Article L211-5 of the French Consumer Code: To be in conformity with the contract, the goods must: 1° Be fit for the use normally expected of similar goods and, where applicable : – correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; – present the qualities that a buyer may legitimately expect having regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller’s attention and accepted by the latter. Article L211-15 of the French Consumer Code:
A commercial guarantee is any contractual commitment by a professional to a consumer to reimburse the purchase price or to replace or repair the goods, in addition to his legal obligations to guarantee the conformity of the goods. The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser. The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor, and reproduces article L. 211-16. It also states clearly and precisely that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 211-4 to L. 211-13 of the present code, and by the warranty relating to defects in the item sold, under the conditions set out in articles 1641 to 648 and 2232 of the Civil Code. Articles L. 211-4, L.
211-5 and L. 211-12 of the present code as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full.
In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of this right. Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In application of these texts, HOLY OUD is committed to a comprehensive legal warranty covering manufacturing defects. The warranty policy is available at any time under
GENERAL TERMS AND CONDITIONS OF SALE on www.paolazovar.com. The warranty covers only damage which, in the opinion of CAVROIS UNI-D, is not caused by accident or improper use, normal wear and tear, modification, attempted repair, negligence of HOLY OUD jewelry. Any item under warranty that proves to be defective may, at your option:
1. be replaced, subject to availability, by an identical item
2. be repaired, depending on the degree of damage to the product under warranty as well as the feasibility and availability of spare parts. However, HOLY OUD may not proceed according to your choice if this choice would entail a cost manifestly disproportionate to the other modality, taking into account the value of the product or the importance of the defect. In this case, the other choice will apply.
This warranty service is provided free of charge.
The defective part must be sent at your expense to HOLY OUD’s premises. The parcel must be registered and insured.
HOLY OUD declines all responsibility for damage, loss or theft during transport.
If repair or replacement of the product is impossible or takes longer than one month from the date of your complaint, you may return the product and we will issue a refund.
The sale cannot be rescinded if the lack of conformity is minor.
Please keep the invoice in case you have a warranty claim. The invoice serves as proof of purchase or authenticity of the products purchased and as evidence of entitlement to this warranty.
HOLY OUD reserves the right to modify or adapt these warranty conditions and their effect on the future at its discretion, at any time.
This warranty does not affect your statutory rights. A/ Paola Zovar warranty
Products are guaranteed for 8 months from the date of purchase.
Under no circumstances may the warranty exceed this period.
This warranty is excluded in the event of misuse, negligence, abusive use, modification, attempted repair or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear or force majeure.
In order to assert his rights, the Buyer must, under penalty of forfeiture of any action relating thereto, inform HOLY OUD by e-mail at welcome@paolazovar.com or by post at : HOLY OUD 202 route de la garde 69760 LIMONEST of the existence of the defects within 48 hours of their discovery. HOLY OUD will replace, substitute or have repaired, the products or parts under warranty deemed defective by HOLY OUD after examination. The repair specialist will define the options for replacement, substitution or repair according to the availability of the parts or product and the possibility of carrying out the repair. If it is determined that the damage is not due to a material or manufacturing defect, we will give you the opportunity to have your product repaired by HOLY OUD at your expense. For further information, please contact customer service on 06 88 63 62 72. This warranty also covers labor costs.
We recommend sending the product by registered mail and insuring it at retail value. HOLY OUD is not responsible for loss, damage or theft of the product in transit.
FINAL ARTICLE – PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
You acknowledge having been informed, prior to placing your order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7, and in particular: – the essential characteristics of the Product, taking into account the communication medium used and the Product concerned; – the price of the Products and ancillary costs (delivery, for example); – in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product; – information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context, – information relating to legal and contractual warranties and their implementation procedures; – information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions. The fact that an individual (or legal entity) places an order on the
www.welcome@paolazovar.com website implies full acceptance of these
General Terms and Conditions of Sale, which you expressly acknowledge.
