These general terms and conditions of sale (hereinafter referred to as the "GTCS") are entered into between the COCOBLANC brand, owned by SARL SF CRÉATIONS (hereinafter referred to as "COCOBLANC"), whose registered office is located at Maharepa, PK 6,8 côté montagne, Moorea (French Polynesia), BP 294, 98728 Moorea and, on the other hand, any natural person of legal age according to their national legislation, or any legal entity with the legal capacity to enter into a sales contract (hereinafter referred to as the Customer), who purchases a product from the online store on the www.cocoblancmoorea.com or the COCOBLANC store in Moorea.
Hereinafter, the terms STORE and ONLINE STORE will refer respectively to the COCOBLANC store in Moorea and the online store at www.cocoblancmoorea.com; the term SHOP will include both the STORE and the ONLINE STORE.
Article 1 - Scope of application and acceptance of the GTCS
1.1 Purpose: the GTCS define the contractual relationship between COCOBLANC and the Customer. They are brought to the Customer's attention via the www.cocoblancmoorea.com website, via in-store displays and via the invoices given to the Customer when a product is purchased in the STORE.
1.2 Acceptance: when purchasing in a SHOP, the purchase of a product followed by delivery of the invoice constitutes unreserved acceptance by the Customer of the General Terms and Conditions of Sale. When purchasing from the online store, ticking the box "I have read and accept the general terms and conditions" before validating and paying for the order implies unreserved acceptance of the GTCS by the Customer. In this respect, the GTCS shall prevail over any other general or specific conditions not expressly approved by COCOBLANC.
1.3 Modification: COCOBLANC reserves the right to modify these GTCS whenever it deems necessary. The version of the GCS applicable to a sale is the one accepted by the Customer at the time of the sale.
Article 2 - Products sold by COCOBLANC
2.1 All products offered by COCOBLANC are made up, on the one hand, of creations bearing the "COCOBLANC" label and, on the other hand, of products offered by third-party suppliers. Information concerning price, composition (metals, fabrics, etc.) and origin can be found on the labels and/or product sheets available in the SHOP.
2.2 All products created under the COCOBLANC brand are original creations manufactured in French Polynesia using traditional methods. Given the artisanal nature of the products, COCOBLANC cannot guarantee strict identity between the product seen by the Customer in a STORE and the same product seen on its Site, even if COCOBLANC makes every effort to provide the greatest satisfaction to Customers.
2.3 It should also be noted that the computer equipment used by the Customer to view the products, in particular depending on their settings, may modify the color rendering of the photographs visible on the Site or sent by e-mail by COCOBLANC, without COCOBLANC being held responsible.
2.4 On the Site, only products with an "add to basket" button can be purchased from the ONLINE SHOP. For products not available online and for personalized creations, the Customer may visit the STORE or contact COCOBLANC by telephone or e-mail.
Article 3 - Personalization
3.1 Personalization may be offered to the Customer on a certain number of products sold in the SHOP whenever technical constraints allow. It is up to the Customer to select the personalization options he/she wishes for each of the products ordered that offer this personalization possibility. Personalization may, for example, consist in changing the Tahitian pearl on a piece of jewelry; it is then up to the Customer to ensure that COCOBLANC has chosen the new pearl and to take into account any change in the price of the jewelry. An estimate can be given to the Customer on request.
3.2 Any personalization order placed by the Customer in the SHOP or by exchange of electronic message(s) with COCOBLANC is subject to an invoice acting as a purchase order and must be paid in full by the Customer before the work is carried out. In the event of a change of mind after the personalization has already been carried out, additional charges will be levied for a new modification.
3.3 The Customer is expressly informed that personalized products are to be considered as "articles made to the Customer's specifications or clearly personalized" within the meaning of the French Consumer Code and may not, therefore, benefit from the right of withdrawal. Such products cannot be returned or exchanged.
Article 4 - Prices
4.1 The prices of items sold by COCOBLANC are those in force on the day the order is taken. Prices are expressed in Pacific francs in the STORE and in euros on the ONLINE SHOP.
4.2 Prices include VAT in force in French Polynesia (16% for products, 13% for services).
4.3 COCOBLANC reserves the right to modify product prices without informing the Customer. However, the price that the Customer will pay is necessarily that indicated on the invoice or order form.
4.4 Estimates made by COCOBLANC at the request of Customers are valid for one month. After this date, product prices and/or the GTC may be modified.
4.5 The product ordered may be subject to import fees, customs duties or other local taxes applied when the product reaches its final destination. It is the sole responsibility of the Customer to contact the authorities in his or her country to find out about any local and/or customs taxes applicable to his or her purchases, before validating his or her order on the ONLINE SHOP. In such cases, the Customer assumes the role of importer and must bear all costs. COCOBLANC cannot be held responsible or accountable in any way for any additional taxes that may be applied and claimed in the country of destination.
Article 5 - VAT exemption
5.1 Customers who are not residents of French Polynesia and who make a purchase in the STORE may take advantage of tax-free sales under certain conditions explained on the Site's "Duty Free" page. In this case, they benefit from VAT exemption on all their purchases from COCOBLANC and therefore only pay the amount of their purchases excluding tax.
5.2 If the formalities explained on the Site's "Duty Free" page are not completed in full, the Customer is still liable for the amount of VAT and is obliged to regularize the situation. The amount due will be deducted from the means of payment used for the purchase.
5.3 Purchases made on the ONLINE SHOP whose delivery address is located outside French Polynesia are automatically exempt from VAT. The price shown on the invoice and to be paid by the Customer is therefore exclusive of VAT.
Article 6 - Manufacturing and lead times
6.1 The time required to produce and manufacture the personalized product(s) ordered may vary according to the time of year and the nature of the product ordered. Production and manufacturing times can vary from a few hours to several weeks. This is indicated on the order form or quotation.
6.2 COCOBLANC may apply a surcharge whenever the Customer wishes his order to be processed as a matter of urgency, i.e. within a shorter time than that communicated to him at the time of his order. This surcharge is shown on the order form and/or invoice.
Article 7 - Shipping - Delivery costs
7.1 For all purchases made on the ONLINE SHOP or at the express request of the Customer, COCOBLANC may be required to ship the product(s) purchased. COCOBLANC has chosen FARE RATA to ship products ordered from French Polynesia. Parcels are tracked, insured for the value of the contents and delivered against signature.
7.2 Shipping costs are calculated according to the delivery address. They are mentioned on the invoice and/or order form and must be paid by the Customer before shipment.
7.3 Products ordered are shipped to the address indicated as the delivery address on the invoice and/or order form. It is the Customer's responsibility to ensure that the information provided is correct.
7.4 Average delivery times are 10 to 20 working days. The delivery times announced on the Site are purely indicative and depend on the destination and availability of the product ordered. Exceeding this time limit shall not give rise to any cancellation of the order, any reduction in the price paid by the Customer, or any payment of damages. However, in accordance with the provisions of article L.121-20-3 of the French Consumer Code, in the absence of delivery at the end of a period of thirty days from the day following that on which the Customer placed his/her order, the Customer will have the option of cancelling his/her order free of charge.
Article 8 - Obligations of the parties
8.1 All sums paid in advance by the Customer for an order of one or more products to COCOBLANC are deposits. The amount of the deposit for in-store purchases corresponds to the total amount of the order as shown either on the order form or on the quotation. Payment of the deposit by the Customer triggers the completion of the Customer's order by COCOBLANC as soon as possible and in any event in accordance with the indications on the order form or the quotation.
8.2 Exchanges by mail, e-mail and/or telephone, whether prior or subsequent to the order, have no contractual value. The sole purpose of these exchanges is to help the Customer to fill in the order form as fully and completely as possible, to validate the quotation or to help COCOBLANC to draw up its quotation or to carry out the order as fully as possible.
8.3 Delivery of the product ordered by the Customer is made either by personal delivery in the STORE or by dispatch of the product to the address given by the Customer on the order form. Delivery takes place only after the Customer has paid the balance of the order.
Article 9 - Payment - Transfer of ownership - Transfer of risk
9.1 No product will be delivered or sent to the Customer until the full price (price of the product plus any other costs such as shipping costs) has been received by COCOBLANC.
9.2 COCOBLANC accepts the following means of payment: bank cards, bank transfers, local cheques, cash (up to a limit of 119,300 Pacific francs).
9.3. The products ordered remain the property of COCOBLANC until the Customer has paid the full price in accordance with the above. COCOBLANC undertakes to return the product immediately upon receipt of the full price.
9.4 It is the Customer's responsibility to check the condition of the products upon delivery. In the event of any anomaly (missing or damaged products), the Customer must mention his/her reservations on the delivery receipt, send a statement of reservations to the carrier within 48 hours of delivery by registered letter with acknowledgement of receipt and send a copy to COCOBLANC. Failing this, no claim may be made by the customer to COCOBLANC.
9.5 The transfer of risk occurs when the Customer or any person designated by the Customer has physically taken possession of the product(s). Therefore, in the event of loss or damage to the product(s) during shipment, duly established (cf/ §9.4), the product(s) will be repaired and reshipped at COCOBLANC's expense. The Customer is hereby informed that in the event of loss of the product(s), COCOBLANC will only reship the product(s) after the lost product(s) has/have been declared "lost" by the shipping service/transport company.
Article 10 - Exchanges - Refunds - Withdrawals
IN-STORE PURCHASE :
10.1 No purchase of jewelry in a STORE can give rise to an exchange or refund.
10.2 For ready-to-wear items, exchanges are authorized within 48 hours of sale, provided the products have not been worn and are labelled and in their original condition. No refunds will be accepted.
10.3 Items on sale or special offer will not be returned or exchanged.
PURCHASE FROM THE ONLINE STORE :
10.4 The Customer who places an order remotely on the ONLINE SHOP benefits from a right of withdrawal. Even if COCOBLANC makes every effort to provide complete satisfaction, it may happen that the product received does not fully meet the Customer's expectations.
10.5 In addition, the Customer may return the product(s) ordered to COCOBLANC within 14 days of receipt, at the Customer's own expense or by visiting the STORE, provided that the Customer has informed COCOBLANC in advance by means of the withdrawal form, the model for which is shown below, sent by e-mail to cocoblancmoorea@gmail.com.
WITHDRAWAL FORM
I/We _______________________ hereby notify you of my/our withdrawal from the contract for the sale of ____________________________________________,
Ordered on ______________________ and received on ________________________ ;
Your name: _________________________________________________
Your first name: ______________________________________________
Your address: ______________________________________________
Signature ____________________________________________
Date ______________________
Done at ___________________
10.6 Once the 14-day cooling-off period has expired, no exchange or refund will be made.
10.7 In the case of an exchange: the difference in price between the returned product and the new product will be the subject either of a credit note (price of the new product lower than the old one), or of additional invoicing (price of the new product higher than the old one). The price includes shipping costs.
10.8 Refunds: COCOBLANC will issue a refund upon receipt of the unsatisfactory product, using the same means of payment as that used for purchase. The product must :
- Not to have been worn, even for a few hours
- Show no signs of wear or impact
- be returned to us for the first time and not have undergone any initial modification
- be returned to us with its original certificate in its original packaging
In all cases, shipping costs and any customs duties related to the return of the product(s) will remain the responsibility of the Customer and will not be reimbursed.
10.9 Return shipping address: SF CRÉATIONS / COCOBLANC - BP 294 MAHAREPA - 98728 MOOREA-MAIAO - POLYNÉSIE FRANÇAISE.
Article 11 - Warranties - After-sales service
11.1 All Tahitian pearl jewelry is delivered to the customer with a certificate of origin and authenticity. This certificate, which is the jewel's identity card, lists its characteristics, such as the quality, diameter, shape and color of the pearl(s), the model of jewel and, if applicable, the type of stone(s) and their characteristics. The unique reference number of each item is also recorded. It is therefore very important to keep it in a safe place.
11.2 If the Customer wishes a modification to be made to a purchased product, it must submit its request to COCOBLANC and, if it is found that such a modification is possible, COCOBLANC will also provide the Customer with an estimate. Once the aforementioned estimate has been accepted, the modification will be carried out within the period indicated on the estimate, starting from receipt/delivery of the product to be modified.
11.3 If the Customer is unable to visit the STORE to benefit from COCOBLANC's after-sales service, shipping costs remain the Customer's responsibility and will not be reimbursed.
Article 12 - Applicable law, jurisdiction and language
12.1 All disputes, whatever their nature, will be submitted to the Commercial Court of Papeete, Tahiti, French Polynesia, to which jurisdiction is expressly granted, even in the event of multiple defendants or warranty claims.
12.2 Only the French version of the present text has contractual value and is authentic between the parties.