General Terms and Conditions
Welcome to the ERITA online store. When you make a purchase on our platform, you automatically accept our terms and conditions of sale. Accordingly, we recommend that you read the information below carefully before making a purchase from us / ordering an item.
The society
The company ERITA SAS.
Simplified joint stock company with share capital of 1,000 euros whose head office is located at 194 avenue Victor Hugo 75016 Paris FRANCE.
Registered with the Paris RCS under number 948 598 818 - VAT number: FR 948 598 818.
Contact: papoter@erita.fr.
All orders on the Site are subject to these general conditions of sale. These are subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. These general conditions of sale are subject to French law, unless mandatory provisions to the contrary arise from the Rome Convention on the law applicable to contractual obligations of June 19, 1980.
Object
These general conditions of sale (hereinafter the “General Conditions of Sale”) exclusively govern sales made on the erita.fr website (hereinafter the “Site”) of products offered by ERITA to buyers having the status of consumers (hereinafter the “Customer(s)”) and specify the conditions of ordering, payment, delivery and management of possible returns of products ordered by Customers.
The General Conditions of Sale are enforceable against the Customer who declares having read them and accepted them by checking the box “I accept the General Conditions of Sale” before implementing the online ordering procedure.
ERITA reserves the right to modify its General Conditions of Sale at any time. In the event of modification of these Conditions, the applicable General Conditions of Sale are those in force on the date of validation of the order. It is therefore up to the Customer to refer to it during each order validation.
The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale.
The temporary or permanent non-application of one or more clauses of the General Conditions of Sale by ERITA cannot constitute a waiver on its part of the application of this or these clauses or of the other clauses of the General Conditions of Sale which continue to produce their effects.
Products
The rings put on sale are presented on the ERITA online site and accompanied by a description.
The rings offered by ERITA comply with the standards applicable in France.
Descriptions and photographs of items sold on the ERITA website are as accurate and faithful to reality as possible.
However, as these are handmade rings, certain lengths indicated may vary slightly. Likewise, certain colors and shapes may present irregularities inherent to their natural character or to this method of artisanal manufacturing.
The customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the site are indicative and non-contractual and cannot engage the seller's liability in the event of error, omission or modification.
Customized products
Concerning personalized products, the customer acknowledges that he is simply “personalizing” a product created by ERITA and that this “personalization” does not involve any creative effort. All intellectual property rights relating to the personalized product belong exclusively to ERITA.
However, it is agreed, as a prerequisite to any sale of personalized product, that the customer undertakes, in the event of creation on his part, to transfer, where applicable, under the legal guarantees to erita.fr: the model, including the drawings , plans, product specifications possibly created by the Customer on the erita.fr site and all copyrights attached to it.
The transfer includes the transfer of exclusive rights:
- to manufacture, reproduce, distribute and/or sell the products,
- to manufacture, distribute and/or sell any product derived from the model or designs,
- to grant any license or sublicense for any purpose listed above.
ERITA considers that by validating the General Conditions of Sale, the Customer has duly read the conditions of transfer of rights resulting from “his possible Creations” and accepts them without reservation. If the Customer sends a personal design or personalizes the product by adding text, he assures erita.fr that the text and/or the chosen design are free from third party rights. In the case of possible violations of copyright, personality or law, these are entirely the responsibility of the Customer and the latter will alone assume any possible legal consequences.
If ERITA were prosecuted on this charge, the client undertakes to indemnify ERITA against any conviction which could result therefrom. The Customer also ensures that he does not infringe any other third party rights by individualizing the product.
Customer
The Customer of the Site must be a consumer, an adult natural person and legally capable. The Customer must, when placing their first order on the Site, open a customer account. For each order, the Customer must complete an order form specifying certain mandatory fields so that their order for Products can be taken into account by ERITA .
The information communicated to ERITA when opening its customer account and during each of its orders must be complete, accurate and up to date.
ERITA reserves the right not to follow up on an order if it does not come from a customer meeting the criteria set out above.
Orders
Any order will only be validated after payment has been accepted.
ERITA reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.
ERITA can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite ERITA 's vigilance, the products are unavailable, ERITA will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if applicable, the amounts already paid.
Permanent or temporary unavailability cannot in any way engage the liability of ERITA , nor can it give rise to any right to compensation or damages in favor of the Customer.
Price
The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply), excluding shipping costs, participation in order processing costs and packaging costs.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.
Prices may be modified at any time, without notice, particularly in the event of a change in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is placed.
The Products remain the full property of the company ERITA until full payment of the price of each order by ERITA .
For delivery outside the European Union, the Customer must pay customs duties or other taxes due when importing the products into the country of delivery. The related formalities are also the sole responsibility of the Client. The Customer 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.
Payment
Full payment must be made when ordering. At no time can the sums paid be considered as deposits or deposits. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), with his Paypal account or by bank transfer, in accordance with the provisions of this article.
ERITA does not accept payment by check. The customer will have to choose the other payment methods offered.
For any transaction, the Customer will indicate the number appearing on the front of their card, the expiration date of their card and the cryptogram appearing on the back of their card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for ERITA to debit his account up to the amount of his order.
No cash on delivery will be accepted, whatever the reason.
ERITA retains ownership of the item until full payment of the price by the Customer. Purchases are made securely via our Shopify payment system. The payment solutions adopted by ERITA are 100% secure. For payments by bank card (credit card, visa credit card and e-credit card), all the information that Customers communicate to ERITA is strictly protected and guarantees the compliance and security of each transaction.
A loan binds you and must be repaid. Check your repayment capacity before you commit.
Payment in installments with Alma.
If you pay for your order in several installments, you accept Alma's general customer conditions as well as Alma's special conditions for ERITA customers.
Securing transactions
ERITA implements all means to ensure the confidentiality and security of data transmitted on the web and on the website http://www.erita.fr.
As such, the website uses a secure payment module such as SSL (Secure Socket Layer).
Fight against bank card fraud
ERITA reserves the right to verify the personal data communicated by the customer and to adopt all measures deemed necessary to verify that the person whose bank account is debited is indeed the one who placed the order, in order to avoid any fraudulent payments.
This verification may take the form of a request for proof of identity and/or address and/or bank documents (RIB or canceled check). The lack of response from the customer to a request of this type within 2 days following the request made by ERITA will automatically result in the cancellation of the order concerned, without any possibility of subsequent complaint.
ERITA will also have complete freedom to proceed with the direct cancellation of an order which presents one or more risk factors of fraudulent use of a bank card.
Delivery
ERITA delivers its Products in France and in all countries of the European Union and can, on request, deliver to any country.
The customer can choose from the following delivery methods:
- COLISSIMO home delivery (between 2-5 working days) ,
- Delivery to Mondial Relay relay point (no obligation to purchase from the selected merchant) (between 3-5 working days)
- Express delivery by DHL for France (in 24 hours)
- Delivery by DHL for international (between 2-5 working days)
Colissimo France €5
Mondial Relay (Relay Point) France €3
DHL France 10€
The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes , names and/or intercom numbers, etc.).
If said items have not been delivered within 7 working days from the delivery date planned when ordering, and if this overrun is not due to a case of force majeure or due to a fact relating to the delivery service provider (in particular in the event of an option for delivery to a relay point), the customer may proceed to resolve the sale by sending an email to the address sav@erita.fr.
Once the product has been returned, complete, in its original condition and packaging to ERITA , the sums paid by the customer will then be returned in full.
Receipt of the product
Upon receipt of his order, the customer will ensure to check the conformity of the products received.
In the event of damaged packages (torn, already opened, missing products, etc.), the Customer must refuse the package in the event of personal delivery and note a reservation on the delivery slip: damage, missing item, damaged package, broken item .... This verification is deemed to have been carried out once the customer or a person authorized by him has signed the delivery note.
The customer undertakes to notify the carrier and ERITA, by registered mail and/or any means, of any reservations within 3 days following receipt of the product and send a copy to ERITA via the address sav@erita.fr.
Any complaint made after a period of 72 hours will be rejected and ERITA will be released from all liability.
ERITA cannot be held responsible for the consequences due to a delivery delay not due to its fault.
Guarantee
For any requests relating to commercial and legal guarantees, contact:
ERITA , Customer Service, 194 avenue Victor Hugo 75016 Paris – e-mail: sav@erita.fr
Commercial Guarantees
In addition to the legal guarantees referred to below to which we are bound, there is a commercial guarantee which covers manufacturing defects or abnormal wear of the rings.
Our customer teams will carry out an assessment of the part after sending photos, then replace it with a gift voucher valid for 6 months on our online store.
For any request for expertise: contact our teams by email at sav@erita.fr or here.
ERITA covers the repair of rings for defects in stone, enamel or gilding. The Customer may request the application of this guarantee by mail (by returning the Product to us). This guarantee is free. We will reimburse you for shipping costs. This warranty runs from the date of delivery of the Product for a period of one (1) year.
This commercial guarantee does not apply:
- non-compliant uses as well as defects in use;
- damage due to handling error, abusive or abnormal use, intentional or accidental physical modification, use for professional or commercial purposes;
- in the event of an abnormal maintenance operation, not in accordance with the maintenance guide, or in the event of a lack of maintenance and hygiene;
- in the event of natural wear;
- interventions carried out on the jewelry by any person not authorized by Customer Service as well as damage resulting from such intervention.
Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least 7 days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Legal Guarantees
Unless he is a legal entity or a natural person acting for purposes falling within the scope of his commercial, industrial, artisanal or liberal activity, the Customer benefits in any case from the legal guarantees on the basis of which he can act. ERITA is thus liable for lack of conformity and hidden defects under the conditions provided respectively by articles L 217-4 et seq. of the Consumer Code and 1641 et seq. of the Civil Code.
Article L 217-4 of the Consumer Code: The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L 217-5 of the Consumer Code: To comply with the contract, the good must: 1° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L 217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L 217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L 217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.
Article L 217-11 of the Consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any period of downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it not acquired, or would have given only a lower price, if he had known them.
Article 1644 of the Civil Code: In the case of articles 1641 and 1643 , the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1648, paragraph 1, of the Civil Code: Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
When acting as a legal guarantee of conformity, the Customer:
- benefits from a period of 2 years from the delivery of the property to take action;
- can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted by ERITA.
When acting under a legal guarantee for hidden defects, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Right to retract
In accordance with the law in force (article L221-18 of the Consumer Code), the customer has a right of withdrawal which allows him, within 14 days from the conclusion of the contract, to withdraw without having to provide reasons or pay penalties.
The Customer who wishes to withdraw from an order placed on the ERITA website must therefore send, within 14 days of receipt of their order, the form below completed to the email address: sav@erita .Fr
To the attention of the company ERITA located at 194 avenue Victor Hugo 75016 Paris / sav@erita.fr:
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
The Customer must also follow the ERITA product return process as defined below to obtain a refund for their order.
Return & Refund
Deadline for returning an item
In accordance with current law (article L121-20 of the Consumer Code), the customer has a period of 14 clear days to return a product ordered remotely from the date of receipt of the product and without having to justify reasons or to pay penalties.
Return costs to a relay point are free* thanks to the return label downloadable from the customer account.
If the return label is not used, the return costs are the responsibility of the Customer.
The customer will be fully reimbursed for the sums paid for the purchase of the product as soon as possible and at the latest within 15 days following the date on which he exercised his right of withdrawal.
* if shipping to mainland France
Return conditions for refund
The returned item(s) must be new and unused. They must be returned in their original, undamaged box.
Without the packaging, it will not be possible for ERITA to identify the references of the returned product and put it back into stock.
The product may also be damaged during transport. It is therefore essential to return it in the original box to ensure reimbursement.
ERITA will issue a refund within 14 days of receipt of the returned product(s) at our warehouse.
The customer must keep proof of delivery of the package which will be given to him by the carrier. In the event of loss of the package, no refund can be made without this proof of deposit.
The customer has a period of 15 working days from the date of submission of their return package in order to make any complaint relating to their return.
No request will be accepted after this deadline.
The customer must send their complaint directly via the contact form on the “Contact us” page.
Condition of items
All returned items (shoes, original packaging, accessories, instructions, etc.) must be returned perfectly intact.
Upon receipt of the package, ERITA will judge the perfect condition of the returned merchandise. No returns will be accepted if the returned items have been visibly used or damaged by the customer and this use or damage renders the items unfit for sale.
If the return is refused by ERITA , the items will then be returned to the customer at ERITA 's expense without the customer being able to demand any compensation or right to reimbursement, with the exception of the subsequent exercise of its warranty rights on the goods. sold.
Reimbursement of returns Subject to compliance with these return conditions, ERITA will reimburse the returned items within 14 days following the return of the goods to stock.
Responsibility
ERITA is automatically responsible towards the client for the proper execution of the contract concluded with the client.
However, ERITA cannot be held liable for the non-performance or poor performance of the contract concluded in the event of force majeure, the occurrence of an event attributable to the customer or any inconvenience, unforeseeable and insurmountable damage inherent to the contract. use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.
The ERITA site contains hypertext links that may refer to other websites. ERITA cannot be held responsible for the content of these websites if they contravene the legal and regulatory provisions in force.
Processing of personal data Cookies
The Customer is informed that the data he provides on the Website is subject to various automated processing of personal data.
In application of law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, it is recalled that the personal data collected from the Customer are necessary to process their order. They can also be used for prospecting purposes. The purposes of each processing operation are described in relation to the processing concerned.
This data is intended for internal use by ERITA . These personal data may also be transmitted to third parties, partners of ERITA, unless the Customer objects to this during the collection of the data concerning him.
The Client's personal data is kept for the period strictly necessary to achieve the purposes for each of the processing operations envisaged by ERITA .
The Customer has a right of access, modification and opposition to the processing of data concerning him by contacting customer service by email at the address papoter@erita.fr
Intellectual properties
The ERITA brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on ERITA articles, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of ERITA .
Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of ERITA , is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyrights, designs and models, patents which are the property of ERITA .
The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than for personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its author to the sanctions provided for by the Intellectual Property Code, in particular, copyright counterfeiting (article L.335-1 et seq.), trademark law (article L. .716-1 et seq.) and by the Civil Code in matters of civil liability (articles 1382 et seq.).
The creation of hypertext links to any of the pages or elements of the Site can only be done with the prior written authorization of ERITA . It may be revoked at any time. The sites having a hypertext link directing to the Site or to which the Site could refer are not under the control of ERITA and ERITA therefore declines all responsibility (in particular editorial) concerning access and content to these sites.
Mediation
Sales concluded with the ERITA brand via the website www.erita.fr are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action. Failing this, all disputes to which this contract could give rise, concerning its validity, its interpretation, its execution, its termination, their consequences and their consequences will be submitted to the competent court in accordance with the rules of jurisdiction of common law.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ERITA adheres to the E-commerce Mediator Service of FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr/.
After prior written approach by customers to ERITA by email to sav@erita.fr and the absence of a solution after 21 days following the order, the Mediator's Service may be contacted for any consumer dispute for which the settlement would not have been not successful.
In accordance with Article 14 of Regulation (EU) No. 524/2013 relating to the online settlement of consumer disputes, the Customer is informed that the European Commission has set up the platform for the online settlement of consumer disputes accessible by the following link :
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Quality
All items sold by ERITA meet legal requirements. However, ERITA cannot accept any liability where the goods supplied are subject to further processing or repackaging by the customer.
Please note that all items are handmade from natural materials and as such may vary slightly in composition and color from the image shown, particularly natural gemstones which may have slight inclusions. There may also be minor variations in actual dimensions and specifications.
Photography
Some items may appear slightly larger or smaller than actual size due to default screen settings and photography techniques. Other items may be depicted at a size larger than actual size in order to clearly show details or smaller than actual size in order to show the entire item.
Every effort has been made to illustrate colors accurately, but this is not always possible with digital reproduction on different web browsing platforms. Therefore, there can be no guarantee that the true color of the jewelry will be exactly as shown.