The present General Terms and Conditions of Sale (hereinafter the GTCS) are concluded, on the one hand, between COCOBLANC, property of the company SARL SF CRÉATIONS (hereinafter COCOBLANC), whose head office is established in Moorea (French Polynesia), Maharepa, PK 6,8 mountain side, BP294, 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 conclude a sales contract (hereinafter referred to as the Customer), who proceeds to purchase a product in the store COCOBLANC (hereinafter referred to as the Store).
Article 1 – Scope of application and acceptance of the GTCS
1.1 Purpose: The GTCS define the contractual relationship between the Store and the Customer. They are brought to the Customer’s attention via the Internet site www.cocoblancmoorea.com (hereinafter the Site), via the display in the Store and via the paper invoices given to Customers when they purchase a product in the Store.
1.2 Acceptance: when purchasing a product in the Store, the purchase of a product followed by the delivery of the invoice are considered as acceptance without reserve by the Customer of the GTCS. In this respect, the GTCS will prevail over any other general or particular condition not expressly agreed by SF CREATIONS.
1.3 Modification: COCOBLANC reserves the right to modify these GTCS whenever it deems it necessary. The version of the GTCS applicable to a sale is the one accepted by the Customer at the time of this sale, i.e. the one appearing on the invoice for a purchase in the Store.
Article 2 – COCOBLANC products
2.1 All the products created under the COCOBLANC brand are original creations manufactured in French Polynesia in a traditional manner. Given the artisanal nature of the products, COCOBLANC cannot guarantee a strict identity between the product seen by the Customer in the Store and the same product seen on its Site, even if COCOBLANC does everything possible to provide the greatest satisfaction to Customers.
2.2 It should also be noted that the computer equipment that the Customer uses to view the products, in particular depending on their settings, may modify the rendering of the colors and photographs visible on the Site or sent by e-mail by COCOBLANC, without COCOBLANC being held responsible.
2.3 In addition, all of the 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 in particular the price, the types of precious metals and their titles, and the fabrics used, are shown on the product sheets visible or explained in the Store.
Article 3 – Personalization
3.1 Personalization can be offered to the Customer on a certain number of products sold in the Store whenever technical constraints allow it. It is up to the Customer to select the personalization options he/she wishes for each of the ordered products that offer this possibility of personalization. Personalization may, for example, consist of 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 may be given to the Customer on request.
3.2 All customization orders placed in the Store will be invoiced as a purchase order and must be paid by the Customer before the work is performed. In the event of a change of mind after the personalization has already been completed, additional charges will be applied to make a new change.
3.3 The Customer is expressly informed that products subject to personalization 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 will not be returned or exchanged.
Article 4 – Prices
4.1 The prices of articles sold by COCOBLANC are those in force on the day the order is taken. The prices are expressed in Pacific francs, all taxes included.
4.2 Prices include VAT (16% for products, 13% for services).
4.3 COCOBLANC reserves the right to modify the prices of products without informing the Customers. However, the price that the Customer will pay is necessarily the one indicated on the invoice or the order form.
4.4 Quotes made by COCOBLANC at the request of Customers are valid for one month. Beyond this date, the product prices and/or the General Terms and Conditions may be modified.
Article 5 – Duty Free
5.1 Customers who are not residents of French Polynesia can benefit from tax-free sales under certain conditions explained in the ” DUTY FREE ” page of the Site. They then benefit from the VAT exemption of 16% VAT, e.i. 16% of the amount excluding VAT of all their purchases at COCOBLANC and therefore only pay the amount excluding tax of their purchases.
5.2 If the formalities are explained in the ” DUTY FREE ” page of the Site are not completed in their entirety, the Customer remains liable for the amount of VAT up to 16% of the amount excluding VAT of his purchases and has the obligation to regularize. The amount due will be deducted from the payment method used for the purchase.
Article 6 – Manufacturing and completion deadlines
6.1 The time of realization and manufacturing of the personalized product(s) object(s) of an order is likely to vary according to the period of the year and the nature of the product object of the order. The time of realization and manufacturing can vary from a few hours to several weeks. It is mentioned on the order form or the estimate.
6.2 COCOBLANC may apply a surcharge whenever the Customer wishes his order to be processed urgently, i.e. within a shorter period than that communicated to him at the time of his order. This surcharge shall appear on the order form and/or the invoice.
Article 7 – Shipping – Postage costs
7.1 At the express request of the Customer, COCOBLANC may be required to dispatch the product(s) purchased.
7.2 Shipping costs are calculated according to the delivery address. They are mentioned on the invoice and/or the order form and must be paid by the Customer before shipment.
7.3 The products ordered are shipped to the address indicated as the delivery address on the invoice and/or the order form. It is the Customer’s responsibility to ensure the accuracy of the information provided.
Article 8 – Obligations of the parties
8.1 Advance payment: all sums paid in advance by the Customer for an order of one or more products to COCOBLANC are advance payments. The amount of the deposit for purchases in store corresponds to the total amount of the order as it appears either on the order form or on the quote. The payment of the deposit by the Customer triggers the execution 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 estimate.
8.2 Exchanges: exchanges by mail, e-mail and/or telephone, whether prior or subsequent to the order, shall have no contractual value. The sole purpose of these exchanges is to help the Customer to fill in the order form as fully as possible, to validate the quote or to help COCOBLANC to draw up its quote or to carry out the order as fully as possible.
8.3 Delivery of the product to the Customer: the delivery of the product ordered by the Customer is made either by hand delivery in the Store or by delivery of the product to the address given by the Customer on the order form. It only takes place after the Customer has paid the balance of his order.
Article 9 – Payment – Transfer of ownership – Transfer of risks
9.1 No product shall be delivered or sent to the Customer until the full price (price of the product possibly increased by other costs such as shipping costs) has been received by COCOBLANC.
9.2 The means of payment accepted by COCOBLANC are as follows: bank cards, bank transfer, local checks, cash (within the limit of 119,300 Pacific francs).
9.3. The products ordered shall remain the property of COCOBLANC as long as the Customer has not paid the full price in accordance with what is stated above. COCOBLANC undertakes to hand over the product immediately after having received the full price.
9.4 The transfer of risks occurs when the Customer or any person designated by him has physically taken possession of the product(s). Also, in the event of loss or damage to the product(s) during shipment, the product(s) will be remade or repaired and reshipped at the expense of COCOBLANC. The Customer is 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 – Retraction
10.1 No purchase of jewelry in the Boutique can give rise to an exchange or refund.
10.2 About the prêt-à-porter, exchanges are authorized within 48 hours after the sale, the products being labeled and in their original condition. No refunds will be accepted.
10.3 Items on sale or on promotion will not be taken back or exchanged.
Article 11 – Guarantees – After-sales service
11.1 Certificate of guarantee: all Tahitian pearl jewelry is delivered to the customer with a certificate of origin and authenticity. This certificate, which is the identity card of the Tahitian pearl, includes the characteristics such as the model, the quality, the diameter, the shape, the color and the type of pearl(s) and its/their characteristics. The unique reference of each item is also written on it. It is therefore very important to keep it carefully.
11.2 If the Customer wishes a modification to be made to a product purchased, 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 a quote. Once the said quote has been accepted, the modification will be carried out within the period indicated on the quiote, starting from the receipt/delivery of the product to be modified.
11.3 Whenever the Customer is unable to go to the Store to benefit from COCOBLANC’s after-sales service, the delivery costs shall be borne by the Customer and shall not be refunded.
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 The original text in French has sole contractual value and is the only authentic text between the parties.